OF HAZARDOUS
MATERIALS ON THE LEASED PROPERTY IN ANY MANNER NOT PERMITTED BY LAW AND BY THE
STANDARDS PREVAILING IN THE INDUSTRY FOR THE STORAGE AND USE OF SUCH SUBSTANCES
OR MATERIALS.
17
UPON REQUEST BY LANDLORD, TENANT SHALL SUBMIT TO LANDLORD ANNUAL REPORTS
REGARDING TENANT'S USE, STORAGE, AND DISPOSAL OF ANY OF THE HAZARDOUS MATERIALS,
SUCH REPORTS TO INCLUDE INFORMATION REGARDING CONTINUED HAZARDOUS MATERIALS
INSPECTIONS, PERSONAL INTERVIEWS, AND FEDERAL, STATE AND LOCAL AGENCY LISTINGS.
IN ADDITION, TENANT SHALL EXECUTE AFFIDAVITS, REPRESENTATIONS AND THE LIKE FROM
TIME TO TIME AT LANDLORD'S REQUEST CONCERNING TENANT'S BEST KNOWLEDGE AND BELIEF
REGARDING THE PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS ON THE LEASED
PROPERTY.
UNLESS CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD,
TENANT SHALL INDEMNIFY, DEFEND, SAVE AND HOLD LANDLORD HARMLESS OF, FROM AND
AGAINST ANY AND ALL CLAIMS, COSTS, AND LIABILITIES, INCLUDING, BUT NOT LIMITED
TO, REASONABLE ATTORNEYS' FEES AND EXPENSES AND COSTS OF LITIGATION, INCURRED AS
A RESULT OF A RELEASE OR THREATENED RELEASE ON THE LEASED PROPERTY OF HAZARDOUS
MATERIALS OR THE VIOLATION, OR THE ALLEGED VIOLATION, BY TENANT OF ANY LAW,
ORDINANCE, REGULATION, ORDER, PERMIT, DECREE OR SIMILAR ITEMS, INCLUDING, BUT
NOT LIMITED TO ANY HAZARDOUS MATERIALS LAWS, RELATING TO HAZARDOUS SUBSTANCES,
HUMAN HEALTH OR THE ENVIRONMENT (COLLECTIVELY, "ENVIRONMENTAL LAWS")
(IRRESPECTIVE OF WHETHER THERE HAS OCCURRED ANY VIOLATION OF ANY ENVIRONMENTAL
LAW ), IN RESPECT OF THE LEASED PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE
FOLLOWING: (A) LIABILITY FOR RESPONSE COSTS AND FOR COSTS OF REMOVAL AND
REMEDIAL ACTION INCURRED BY THE UNITED STATES GOVERNMENT, ANY STATE OR LOCAL
GOVERNMENTAL OR QUASI-GOVERNMENTAL BODY, AGENCY, BOARD OR UNIT OR ANY OTHER
PERSON OR ENTITY, OR DAMAGES FROM INJURY TO OR DESTRUCTION OR LOSS OF NATURAL
RESOURCES, INCLUDING THE REASONABLE COSTS OF ASSESSING SUCH INJURY, DESTRUCTION
OR LOSS, INCURRED PURSUANT TO ANY ENVIRONMENTAL LAW, (B) LIABILITY FOR COSTS AND
EXPENSES OF ABATEMENT, INVESTIGATION, REMOVAL, REMEDIATION, CORRECTION OR
CLEAN-UP, FINES, DAMAGES, RESPONSE COSTS OR PENALTIES WHICH ARISE FROM THE
PROVISIONS OF ANY ENVIRONMENTAL LAW, (C) LIABILITY FOR PERSONAL INJURY OR
PROPERTY DAMAGE ARISING UNDER ANY STATUTORY OR COMMON-LAW TORT THEORY, INCLUDING
DAMAGES ASSESSED FOR THE MAINTENANCE OF A PUBLIC OR PRIVATE NUISANCE OR FOR
CARRYING ON OF A DANGEROUS ACTIVITY OR (D) BY REASON OF A BREACH OF AN
ENVIRONMENTAL REPRESENTATION OR WARRANTY GIVEN BY TENANT TO LANDLORD.
THE
FOREGOING INDEMNIFICATION OF LANDLORD BY TENANT INCLUDES, WITHOUT LIMITATION,
ALL COSTS INCURRED BY OR IMPOSED UPON LANDLORD IN CONNECTION WITH ANY JUDGMENTS,
DAMAGES, PENALTIES, FINES, LIABILITIES OR LOSSES (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR THE LOSS OR RESTRICTION ON USE OF ANY SPACE OR OF ANY AMENITY IN OR
AROUND THE LEASED PROPERTY, AND SUMS PAID IN SETTLEMENT OF CLAIMS, REASONABLE
ATTORNEYS' FEES AND COSTS, REASONABLE CONSULTANT FEES AND REASONABLE EXPERT
FEES) OR IN CONNECTION WITH THE INVESTIGATION OF SITE CONDITIONS OR ANY CLEAN
UP, OR REMEDIAL REMOVAL OR RESTORATION WORK REQUIRED BY ANY FEDERAL, STATE OR
LOCAL GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISION OCCURRING AS A RESULT OF THE
PRESENCE OF ANY