NOT OWNED BY LANDLORD) IN COMPLIANCE WITH
APPLICABLE LAWS, AT TENANT'S EXPENSE (WITHOUT LIMITING LANDLORD'S OTHER REMEDIES
THEREFOR).
SUCH CLEAN UP AND REMOVAL WORK AND ANY TESTING, INVESTIGATION,
FEASIBILITY AND IMPACT STUDIES, AND THE PREPARATION AND IMPLEMENTATION OF ANY
REMEDIAL ACTION PLAN REQUIRED BY ANY COURT OR REGULATORY AUTHORITY HAVING
JURISDICTION ("TENANT REMEDIAL WORK") SHALL BE CONSIDERED WORK UNDER ARTICLE 9
AND SUBJECT TO THE PROVISIONS THEREOF, INCLUDING LANDLORD'S PRIOR WRITTEN
APPROVAL (EXCEPT IN EMERGENCIES).
IN CONNECTION THEREWITH, TENANT SHALL PROVIDE
DOCUMENTATION EVIDENCING THAT ALL TENANT REMEDIAL WORK OR OTHER ACTION REQUIRED
HEREUNDER HAS BEEN PROPERLY AND LAWFULLY COMPLETED (INCLUDING A CERTIFICATE
ADDRESSED TO LANDLORD FROM A ENVIRONMENTAL CONSULTANT REASONABLY ACCEPTABLE TO
LANDLORD, IN SUCH DETAIL AND FORM AS LANDLORD MAY REASONABLY REQUIRE).
IF ANY
HAZARDOUS MATERIAL IS RELEASED, DISCHARGED, DISPOSED OF, OR PERMITTED TO SPILL
OR LEAK ON OR ABOUT THE PROPERTY OR THE PREMISES AND IS NOT CAUSED BY TENANT OR
OTHER OCCUPANTS OF THE PREMISES, OR THEIR AGENTS, EMPLOYEES, TRANSFEREES, OR
CONTRACTORS, SUCH RELEASE, DISCHARGE, DISPOSAL, SPILL OR LEAK SHALL BE DEEMED
CASUALTY DAMAGE UNDER ARTICLE 11 TO THE EXTENT THAT THE PREMISES AND TENANT'S
USE THEREOF IS AFFECTED THEREBY; IN SUCH CASE, LANDLORD AND TENANT SHALL HAVE
THE OBLIGATIONS AND RIGHTS RESPECTING SUCH CASUALTY DAMAGE PROVIDED UNDER THIS
LEASE.
D.
HAZARDOUS MATERIAL DEFINED.
THE TERM "HAZARDOUS MATERIAL" FOR
PURPOSES HEREOF SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) ANY FLAMMABLE,
EXPLOSIVE, TOXIC, RADIOACTIVE, BIOLOGICAL, CORROSIVE OR OTHERWISE HAZARDOUS
CHEMICAL, SUBSTANCE, LIQUID, GAS, DEVICE, FORM OF ENERGY, MATERIAL OR WASTE OR
COMPONENT THEREOF, (II) PETROLEUM-BASED PRODUCTS, DIESEL FUEL, PAINTS, SOLVENTS,
LEAD, RADIOACTIVE MATERIALS, CYANIDE, BIOHAZARDS, MEDICAL OR INFECTIOUS WASTE
AND "SHARPS", PRINTING INKS, ACIDS, DDT, PESTICIDES, AMMONIA COMPOUNDS, AND ANY
OTHER ITEMS WHICH NOW OR SUBSEQUENTLY ARE FOUND TO HAVE AN ADVERSE EFFECT ON THE
ENVIRONMENT OR THE HEALTH AND SAFETY OF PERSONS OR ANIMALS OR THE PRESENCE OF
WHICH REQUIRE INVESTIGATION OR REMEDIATION UNDER ANY LAW OR GOVERNMENTAL POLICY,
AND (III) ANY ITEM DEFINED AS A "HAZARDOUS SUBSTANCE", "HAZARDOUS MATERIAL",
"HAZARDOUS WASTE", "REGULATED SUBSTANCE" OR "TOXIC SUBSTANCE" UNDER THE
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, AS
AMENDED, 42 U.S.C. §9601, ET SEQ., HAZARDOUS MATERIALS TRANSPORTATION ACT, 49
U.S.C. §1801, ET SEQ., RESOURCE CONSERVATION AND RECOVERY ACT OF 1976, 42 U.S.C.
§6901 ET SEQ., CLEAN WATER ACT, 33 U.S.C. §1251, ET SEQ., SAFE DRINKING WATER
ACT, 14 U.S.C. §300F, ET SEQ., TOXIC SUBSTANCES CONTROL ACT, 15 U.S.C. §2601, ET
SEQ., ATOMIC ENERGY ACT OF 1954, 42 U.S.C. §2014 ET SEQ., AND ANY SIMILAR
FEDERAL, STATE OR LOCAL LAWS, AND ALL REGULATIONS, GUIDELINES, DIRECTIVES AND
OTHER REQUIREMENTS THEREUNDER, ALL AS MAY BE AMENDED OR SUPPLEMENTED FROM TIME
TO TIME.
E.
FEES, TAXES, FINES AND REMEDIES.
TENANT SHALL PAY, PRIOR TO
DELINQUENCY, ANY AND ALL FEES, TAXES (INCLUDING EXCISE TAXES), PENALTIES AND
FINES ARISING FROM OR BASED ON
31
TENANT'S ACTIVITIES INVOLVING HAZARDOUS MATERIAL ON OR ABOUT THE PREMISES OR
PROPERTY, AND SHALL NOT ALLOW SUCH OBLIGATIONS TO BECOME A LIEN OR CHARGE
AGAINST THE