OF THE TERM OF THIS LEASE,
TENANT SHALL REMOVE ALL TANKS OR FIXTURES WHICH WERE PLACED ON THE DEMISED
PREMISES BY TENANT OR ANY OF THE TENANT PARTIES DURING THE TERM OF THIS LEASE
AND WHICH CONTAIN, HAVE CONTAINED OR ARE CONTAMINATED WITH HAZARDOUS MATERIALS.
(C)
TENANT SHALL IMMEDIATELY NOTIFY LANDLORD IN
WRITING OF (I) ANY ENFORCEMENT, CLEANUP, REMOVAL OR OTHER GOVERNMENTAL OR
REGULATORY ACTION INSTITUTED, COMPLETED OR THREATENED PURSUANT TO ANY HAZARDOUS
MATERIALS LAWS OF WHICH TENANT HAS ACTUAL KNOWLEDGE; (II) ANY CLAIM OF WHICH
TENANT HAS ACTUAL KNOWLEDGE MADE OR THREATENED BY ANY PERSON AGAINST LANDLORD OR
THE DEMISED PREMISES RELATING TO DAMAGE, CONTRIBUTION, COST RECOVERY,
COMPENSATION, LOSS OR INJURY RESULTING FROM OR CLAIMED TO RESULT FROM ANY
HAZARDOUS MATERIALS; AND (III) ANY NON-ROUTINE REPORTS MADE TO ANY ENVIRONMENTAL
AGENCY ARISING OUT OF OR IN CONNECTION WITH ANY HAZARDOUS MATERIALS IN, ON OR
ABOUT THE DEMISED PREMISES OR WITH RESPECT TO ANY HAZARDOUS MATERIALS REMOVED
FROM THE DEMISED PREMISES, INCLUDING ANY COMPLAINTS, NOTICES, WARNINGS, REPORTS
OR ASSERTED VIOLATIONS IN CONNECTION THEREWITH.
TENANT SHALL ALSO PROVIDE TO
LANDLORD, AS PROMPTLY AS POSSIBLE, AND IN ANY EVENT WITHIN FIVE (5) BUSINESS
DAYS AFTER TENANT FIRST RECEIVES OR SENDS THE SAME, COPIES OF ALL CLAIMS,
REPORTS, COMPLAINTS, NOTICES, WARNINGS OR ASSERTED VIOLATIONS FROM ANY
GOVERNMENTAL AGENCY OF ANY HAZARDOUS MATERIALS LAWS RELATING IN ANY WAY TO THE
DEMISED PREMISES OR TENANT'S USE THEREOF.
UPON WRITTEN REQUEST OF LANDLORD (TO
ENABLE LANDLORD TO DEFEND ITSELF FROM ANY CLAIM OR CHARGE RELATED TO ANY
HAZARDOUS MATERIALS LAWS), TENANT SHALL PROMPTLY DELIVER TO LANDLORD NOTICES OF
HAZARDOUS WASTE MANIFESTS, IF ANY, REFLECTING THE LEGAL AND PROPER DISPOSAL OF
ALL SUCH HAZARDOUS MATERIALS CAUSED OR PERMITTED BY TENANT OR THE TENANT PARTIES
REMOVED FROM THE DEMISED PREMISES.
SUBJECT TO SECTION 4.3(E), ALL SUCH
MANIFESTS, IF ANY, RELATING TO HAZARDOUS MATERIALS CAUSED OR PERMITTED BY TENANT
OR ANY OF THE TENANT PARTIES SHALL LIST THE TENANT OR ITS AGENT AS A RESPONSIBLE
PARTY AND IN NO WAY SHALL ATTRIBUTE RESPONSIBILITY FOR ANY SUCH HAZARDOUS
MATERIALS CAUSED OR PERMITTED BY TENANT OR THE TENANT PARTIES TO LANDLORD.
(D)
SUBJECT TO SECTION 4.3(E), TENANT SHALL
INDEMNIFY, DEFEND (WITH COUNSEL REASONABLY ACCEPTABLE TO LANDLORD), PROTECT AND
HOLD LANDLORD AND EACH OF LANDLORD'S OFFICERS, DIRECTORS, PARTNERS,
SHAREHOLDERS, AFFILIATES, EMPLOYEES, AGENTS, ATTORNEYS, SUCCESSORS AND ASSIGNS
FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES,
COSTS, PENALTIES, FORFEITURES, LOSSES OR EXPENSES (INCLUDING ATTORNEYS' FEES)
FOR DEATH OR INJURY TO ANY PERSON OR DAMAGE TO ANY PROPERTY WHATSOEVER
(INCLUDING WATER TABLES AND ATMOSPHERE) TO THE EXTENT ARISING OR RESULTING FROM
THE PRESENCE OR DISCHARGE OF HAZARDOUS MATERIALS IN, ON, UNDER, UPON OR FROM THE
DEMISED PREMISES OR THE IMPROVEMENTS LOCATED THEREON OR FROM THE TRANSPORTATION
OR DISPOSAL OF HAZARDOUS MATERIALS TO OR FROM THE DEMISED PREMISES TO THE EXTENT
SUCH HAZARDOUS MATERIALS ARE PRESENT AS THE RESULT OF ACTS OF TENANT, ITS
OFFICERS, AGENTS OR EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS (WHETHER OR NOT
THEY ARE NEGLIGENT, INTENTIONAL, WILLFUL OR UNLAWFUL).
SUBJECT