AND TENANT HEREBY AGREE THAT FOR PURPOSES OF
ESTABLISHING A BASELINE, LANDLORD SHALL, PROMPTLY FOLLOWING THE DATE OF THIS
LEASE, OBTAIN AND PROVIDE TO TENANT AN UPDATED PHASE I REPORT WITH REGARD TO THE
PREMISES; PROVIDED, HOWEVER, AND TENANT SHALL REIMBURSE LANDLORD FOR ONE-HALF
(1⁄2) OF THE COST OR FEES REASONABLY INCURRED FOR SUCH REPORT AS ADDITIONAL RENT.
29.33.3
LIST OF DOCUMENTS AND OPERATIONS.
THE PARTIES ACKNOWLEDGE
THAT TENANT HAS DELIVERED TO LANDLORD A LIST IDENTIFYING EACH TYPE OF HAZARDOUS
MATERIALS TO BE PRESENT ON THE PREMISES AND SETTING FORTH ANY AND ALL
GOVERNMENTAL APPROVALS OR PERMITS REQUIRED IN CONNECTION WITH THE PRESENCE OF
SUCH HAZARDOUS MATERIALS ON THE PREMISES (THE "HAZARDOUS MATERIALS LIST").
TENANT SHALL DELIVER TO LANDLORD AN UPDATED HAZARDOUS MATERIALS LIST AT LEAST
ONCE A YEAR AND SHALL ALSO DELIVER AN UPDATED LIST BEFORE ANY NEW HAZARDOUS
MATERIAL(S) IS BROUGHT ONTO TO THE PREMISES.
TENANT SHALL DELIVER TO LANDLORD
TRUE AND CORRECT COPIES OF THE FOLLOWING DOCUMENTS (THE "HAZ MAT DOCUMENTS")
RELATED TO THE HANDLING, USE, STORAGE, DISPOSAL AND EMISSION OF HAZARDOUS
MATERIALS PRIOR TO THE LEASE COMMENCEMENT DATE, OR IF UNAVAILABLE AT THAT TIME,
CONCURRENT WITH THE RECEIPT FROM, OR SUBMISSION TO, A GOVERNMENTAL AGENCY:
PERMITS; APPROVALS; REPORTS; STORAGE AND MANUFACTURING PLANS; NOTICE OF
VIOLATIONS OF ANY LAWS; PLANS RELATING TO THE INSTALLATION OF ANY STORAGE TANKS
TO BE INSTALLED IN OR UNDER THE PROJECT (PROVIDED,
66
SAID INSTALLATION OF TANKS SHALL ONLY BE PERMITTED AFTER LANDLORD HAS GIVEN
TENANT ITS WRITTEN CONSENT TO DO SO, WHICH CONSENT MAY BE WITHHELD IN LANDLORD'S
SOLE AND ABSOLUTE DISCRETION); AND ALL CLOSURE PLANS OR ANY OTHER DOCUMENTS
REQUIRED BY ANY AND ALL FEDERAL, STATE, AND LOCAL GOVERNMENTAL AGENCIES AND
AUTHORITIES FOR ANY STORAGE TANKS INSTALLED IN, ON OR UNDER THE PROJECT FOR THE
CLOSURE OF ANY SUCH TANKS.
TENANT IS NOT REQUIRED, HOWEVER, TO PROVIDE LANDLORD
WITH ANY PORTION(S) OF THE HAZ MAT DOCUMENTS CONTAINING INFORMATION OF A
PROPRIETARY NATURE WHICH, IN AND OF THEMSELVES, DO NOT CONTAIN A REFERENCE TO
ANY HAZARDOUS MATERIALS OR HAZARDOUS ACTIVITIES.
IT IS NOT THE INTENT OF THIS
SECTION 29.33.3 TO PROVIDE LANDLORD WITH INFORMATION WHICH COULD BE DETRIMENTAL
TO TENANT'S BUSINESS SHOULD SUCH INFORMATION BECOME POSSESSED BY TENANT'S
COMPETITORS.
IN CONNECTION WITH THE FOREGOING, TENANT HEREBY REPRESENTS AND
WARRANTS TO LANDLORD THAT NEITHER TENANT, OR ANY OF ITS LEGAL PREDECESSORS, HAS
BEEN REQUIRED BY ANY PRIOR LANDLORD, LENDER OR GOVERNMENTAL AUTHORITY AT ANY
TIME TO TAKE REMEDIAL ACTION IN CONNECTION WITH HAZARDOUS MATERIALS
CONTAMINATING A PROPERTY WHICH CONTAMINATION WAS PERMITTED BY TENANT OR
RESULTING FROM TENANT'S ACTION OR USE OF THE PROPERTY IN QUESTION, AND TENANT IS
NOT SUBJECT TO ANY ENFORCEMENT ORDER ISSUED BY ANY GOVERNMENTAL AUTHORITY IN
CONNECTION WITH THE USE, DISPOSAL OR STORAGE OF A HAZARDOUS MATERIALS.
IF
LANDLORD DETERMINES THAT THIS REPRESENTATION AND WARRANTY WAS NOT TRUE AS OF THE
DATE OF THIS LEASE, LANDLORD SHALL HAVE THE RIGHT TO TERMINATE THIS LEASE IN
LANDLORD'S SOLE AND ABSOLUTE DISCRETION.
29.33.4
LANDLORD'S RIGHT OF ENVIRONMENTAL AUDIT.
LANDLORD