EXCESS OF PERMITTED LEVELS
HAS OCCURRED AS A RESULT OF TENANT'S USE OF THE LEASED PREMISES. WITH RESPECT
ONLY AND SOLELY TO HAZARDOUS MATERIALS WHOSE PRESENCE ON, IN OR UNDER THE LEASED
PREMISES WAS CAUSED BY TENANT OR AROSE DURING THE TERM OF THIS LEASE (EXCEPT TO
THE EXTENT SUCH PRESENCE (I) WAS CAUSED BY LANDLORD OR (II) RESULTED FROM THE
MIGRATION OF HAZARDOUS MATERIALS FROM A SOURCE OUTSIDE OF THE LEASED PREMISES
AND TENANT COULD NOT HAVE REASONABLY PREVENTED SUCH MIGRATION), TENANT SHALL
FURTHER BE SOLELY RESPONSIBLE FOR, AND SHALL DEFEND, INDEMNIFY, AND HOLD
LANDLORD AND ITS AGENTS HARMLESS FROM AND AGAINST ALL CLAIMS, COSTS AND
LIABILITIES, INCLUDING ATTORNEYS' FEES AND COSTS, ARISING OUT OF OR IN
CONNECTION WITH ANY REMOVAL, CLEANUP AND RESTORATION WORK AND MATERIALS REQUIRED
HEREUNDER TO RETURN THE LEASED PREMISES AND ANY OTHER PROPERTY OF WHATEVER
NATURE TO THE CONDITION THAT WOULD HAVE EXISTED IF SUCH HAZARDOUS MATERIALS HAD
NOT BEEN PRESENT.
(C)
UPON TERMINATION OR EXPIRATION OF THE LEASE, TENANT AT ITS SOLE EXPENSE
SHALL CAUSE ALL HAZARDOUS MATERIALS PLACED IN OR ABOUT THE LEASED PREMISES, THE
BUILDING AND/OR THE PROPERTY BY TENANT, ITS AGENTS, CONTRACTORS, OR INVITEES,
AND ALL INSTALLATIONS (WHETHER INTERIOR OR EXTERIOR) MADE BY OR ON BEHALF OF
TENANT RELATING TO THE STORAGE, USE, DISPOSAL OR TRANSPORTATION OF HAZARDOUS
MATERIALS TO BE REMOVED FROM THE PROPERTY AND TRANSPORTED FOR USE, STORAGE OR
DISPOSAL IN ACCORDANCE AND COMPLIANCE WITH ALL LAWS AND OTHER REQUIREMENTS
RESPECTING HAZARDOUS MATERIALS USED OR PERMITTED TO BE USED BY TENANT. REGARDING
SUCH HAZARDOUS MATERIALS AND INSTALLATIONS, TENANT SHALL APPLY FOR AND SHALL
OBTAIN FROM ALL APPROPRIATE REGULATORY AUTHORITIES (INCLUDING ANY APPLICABLE
FIRE DEPARTMENT OR REGIONAL WATER QUALITY CONTROL BOARD) ALL PERMITS, APPROVALS
AND CLEARANCES NECESSARY FOR THE CLOSURE OF THE PROPERTY AND SHALL TAKE ALL
OTHER ACTIONS AS MAY BE REQUIRED TO COMPLETE THE CLOSURE OF THE BUILDING AND THE
PROPERTY. IN ADDITION, PRIOR TO VACATING THE LEASED PREMISES, TENANT SHALL
UNDERTAKE AND SUBMIT TO LANDLORD AN ENVIRONMENTAL SITE ASSESSMENT FROM AN
ENVIRONMENTAL CONSULTING COMPANY REASONABLY ACCEPTABLE TO LANDLORD WHICH SITE
ASSESSMENT SHALL EVIDENCE TENANT'S COMPLIANCE WITH THIS PARAGRAPH 4.11.
(D)
AT ANY TIME PRIOR TO EXPIRATION OF THE LEASE TERM, SUBJECT TO REASONABLE
PRIOR NOTICE (NOT LESS THAN FORTY-EIGHT (48) HOURS) AND TENANT'S REASONABLE
SECURITY REQUIREMENTS AND PROVIDED SUCH ACTIVITIES DO NOT UNREASONABLY INTERFERE
WITH THE CONDUCT OF TENANT'S BUSINESS AT THE LEASED PREMISES, LANDLORD SHALL
HAVE THE RIGHT TO ENTER IN AND UPON THE PROPERTY, BUILDING AND LEASED PREMISES
IN ORDER TO CONDUCT APPROPRIATE TESTS OF WATER AND SOIL TO DETERMINE WHETHER
LEVELS OF ANY HAZARDOUS MATERIALS IN EXCESS OF LEGALLY PERMISSIBLE LEVELS HAS
OCCURRED AS A RESULT OF TENANT'S USE THEREOF. LANDLORD SHALL FURNISH COPIES OF
ALL SUCH TEST RESULTS AND REPORTS TO TENANT AND, AT TENANT'S OPTION AND COST,
SHALL PERMIT SPLIT SAMPLING FOR TESTING AND ANALYSIS BY TENANT. SUCH TESTING
SHALL BE AT TENANT'S EXPENSE IF LANDLORD HAS A REASONABLE BASIS FOR SUSPECTING
AND CONFIRMS THE PRESENCE OF HAZARDOUS MATERIALS IN THE