NOTIFY LANDLORD AT LEAST THIRTY (30) DAYS
PRIOR TO ANY CHANGE OF FACTS WHICH WOULD RESULT IN THE CHANGE OF TENANT'S SIC
NUMBER FORM ITS PRESENT NUMBER TO ANY OF THE COVERED NUMBERS.
UPON SUCH NOTICE,
LANDLORD SHALL HAVE THE RIGHT, AT ITS OPTION, TO TERMINATE THIS LEASE WITHIN
THIRTY (30) DAYS OF RECEIPT OF SUCH NOTICE BY NOTIFYING TENANT IN WRITING.
(II)
TENANT SHALL NOT ENGAGE IN OPERATIONS AT THE PREMISES WHICH
INVOLVE THE GENERATION, MANUFACTURE, REFINING, TRANSPORTATION, TREATMENT,
STORAGE, HANDLING OR DISPOSAL OF "HAZARDOUS SUBSTANCES" OR "HAZARDOUS WASTE" AS
SUCH TERMS ARE DEFINED UNDER ANY APPLICABLE ENVIRONMENTAL LAW.
TENANT FURTHER
COVENANTS THAT IT WILL NOT CAUSE OR PERMIT TO EXIST
13
ANY "DISCHARGE" (AS SUCH TERM IS DEFINED UNDER APPLICABLE ENVIRONMENTAL LAWS) ON
OR ABOUT THE PREMISES.
(III)
(A)
IF TENANT'S OPERATIONS AT THE PREMISES NOW OR
HEREAFTER CONSTITUTE AN "INDUSTRIAL ESTABLISHMENT" SUBJECT TO THE REQUIREMENTS
OF ISRA, THEN PRIOR TO: (1) CLOSING OPERATIONS OR TRANSFERRING OWNERSHIP OR
OPERATIONS OF TENANT AT THE PREMISES (AS DEFINED UNDER ISRA), (2) THE EXPIRATION
OR SOONER TERMINATION OF THIS LEASE, OR (3) ANY ASSIGNMENT OF THIS LEASE OR ANY
SUBLETTING OF ANY PORTION OF THE PREMISES; TENANT SHALL, AT ITS EXPENSE, COMPLY
WITH ALL REQUIREMENTS OF ISRA PERTAINING THERETO.
WITHOUT LIMITATION OF THE
FOREGOING, TENANT'S OBLIGATIONS SHALL INCLUDE (I) THE PROPER FILING OF AN
INITIAL NOTICE UNDER NJSA 13:1K-9(A) TO THE NJDEP AND (II) THE PERFORMANCE OF
ALL REMEDIATION AND OTHER REQUIREMENTS OF ISRA, INCLUDING WITHOUT LIMITATION ALL
REQUIREMENTS OF NJSA 13:1K-9(B) THROUGH AND INCLUDING (1).
(B)
IN ADDITION, UPON WRITTEN REQUEST OF LANDLORD, TENANT SHALL
COOPERATE WITH LANDLORD IN OBTAINING APPLICABLE ENVIRONMENTAL LAWS APPROVAL OF
ANY TRANSFER OF THE BUILDING.
SPECIFICALLY IN THAT REGARD, TENANT AGREES THAT
IT SHALL (1) EXECUTE AND DELIVER ALL REASONABLE AFFIDAVITS, REPORTS, RESPONSES
TO QUESTIONS, APPLICATIONS OR OTHER FILINGS REQUIRED BY LANDLORD AND RELATED TO
TENANT'S ACTIVITIES AT THE PREMISES, (2) ALLOW INSPECTIONS AND TESTING OF THE
PREMISES DURING NORMAL BUSINESS HOURS, AND (3) AS RESPECTS THE PREMISES, PERFORM
ANY REQUIREMENT REASONABLY REQUESTED BY LANDLORD NECESSARY FOR THE RECEIPT OF
APPROVALS UNDER APPLICABLE ENVIRONMENTAL LAW, PROVIDED THE FOREGOING SHALL BE AT
NO OUT-OF-POCKET COST OR EXPENSE TO TENANT EXCEPT FOR CLEAN-UP AND REMEDIATION
COSTS ARISING FROM TENANT'S VIOLATION OF THIS ARTICLE 9.
(IV)
THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS PROVIDED IN
SUBPARAGRAPH (III)(B) ABOVE AND UNLESS CAUSED BY LANDLORD'S REFINANCING OF THE
BUILDING, PURSUANT TO THE PROVISIONS OF SECTION 20(C) OF ISRA, TENANT SHALL BE,
AND IS HEREBY, DESIGNATED THE PARTY RESPONSIBLE (THE "PARTY RESPONSIBLE") TO
COMPLY WITH THE REQUIREMENTS OF ISRA (P.L. 1983, C.330) WITH RESPECT TO THE
PREMISES, AND THAT AS A RESULT, THE NJDEP MAY COMPEL TENANT TO SO COMPLY.
IN
ADDITION, ANY FAILURE OF TENANT TO PROVIDE ANY INFORMATION AND SUBMISSION AS
REQUIRED UNDER SECTION 20(A) AND SECTION 20(C) OF ISRA SHALL CONSTITUTE A
DEFAULT UNDER THIS LEASE.
ANY ASSIGNEE OR SUBTENANT OF TENANT SHALL BE DEEMED
TO HAVE, AND BY ENTERING INTO SUCH ASSIGNMENT OR SUBLEASE, AND/OR