THE SITE REVIEWERS TO FACILITATE THE SITE ASSESSMENTS (OTHER THAN INFORMATION
PREVIOUSLY SUPPLIED IN WRITING TO LANDLORD BY TENANT) AND SHALL MAKE AVAILABLE
FOR MEETINGS WITH THE SITE REVIEWERS APPROPRIATE PERSONNEL HAVING KNOWLEDGE OF
SUCH MATTERS.
THE COST OF PERFORMING AND REPORTING ALL SITE ASSESSMENTS SHALL
BE PAID BY LANDLORD UNLESS AN EVENT OF DEFAULT HAS OCCURRED AND IS CONTINUING OR
UNLESS THE SITE REVIEWERS DISCOVER AN ENVIRONMENTAL CONDITION CAUSING THE
PREMISES NOT TO BE IN COMPLIANCE WITH APPLICABLE ENVIRONMENTAL LAWS, IN EITHER
OF WHICH EVENTS SUCH COST WILL BE PAID BY TENANT WITHIN TEN (10) DAYS AFTER
DEMAND BY LANDLORD WITH INTEREST TO ACCRUE AT THE OVERDUE RATE.
LANDLORD,
PROMPTLY AFTER WRITTEN REQUEST BY TENANT AND PAYMENT BY TENANT TO THE EXTENT
REQUIRED AS AFORESAID, SHALL DELIVER TO TENANT COPIES OF REPORTS, SUMMARIES OR
OTHER COMPILATIONS OF THE RESULTS OF SUCH SITE ASSESSMENTS.
TENANT'S SOLE
REMEDY FOR LANDLORD'S BREACH OF THE PRECEDING SENTENCE SHALL BE A MANDATORY
INJUNCTION, AND NOT A TERMINATION OF THIS LEASE OR A WITHHOLDING OR REDUCTION OF
RENT.
(E)
TENANT SHALL NOTIFY LANDLORD IN WRITING,
PROMPTLY UPON TENANT'S LEARNING THEREOF, OF ANY:
(I)
NOTICE OR CLAIM TO THE EFFECT THAT
TENANT IS OR MAY BE LIABLE TO ANY PERSON AS A RESULT OF THE RELEASE OR
THREATENED RELEASE OF ANY HAZARDOUS MATERIAL INTO THE ENVIRONMENT FROM THE
PREMISES;
(II)
NOTICE THAT TENANT IS SUBJECT TO
INVESTIGATION BY ANY GOVERNMENTAL AUTHORITY EVALUATING WHETHER ANY REMEDIAL
ACTION IS NEEDED TO RESPOND TO THE RELEASE OR THREATENED RELEASE OF ANY
HAZARDOUS MATERIAL INTO THE ENVIRONMENT FROM THE PREMISES;
(III)
NOTICE THAT THE PREMISES ARE SUBJECT TO AN
ENVIRONMENTAL LIEN; AND
(IV)
NOTICE OF VIOLATION TO TENANT OR AWARENESS BY
TENANT OF A CONDITION WHICH MIGHT REASONABLY RESULT IN A NOTICE OF VIOLATION OF
ANY APPLICABLE ENVIRONMENTAL LAW THAT COULD HAVE A MATERIAL ADVERSE EFFECT UPON
THE PREMISES.
(F)
TENANT ACKNOWLEDGES THAT, AS OF THE DATE
HEREOF, THE FOLLOWING TWO (2) UNDERGROUND STORAGE TANKS (THE "UNDERGROUND
TANKS") ARE LOCATED ON THE PREMISES: (I) ONE (1) 550-GALLON TANK USED TO COLLECT
OIL/MATERIAL SPILLS INSIDE THE PREMISES AND (II) ONE (1) 10,000-GALLON NO.2 FUEL
OIL TANK.
IN CONNECTION WITH THE UNDERGROUND TANKS, THE FOLLOWING PROVISIONS
SHALL APPLY:
(I)
TENANT SHALL AT ALL TIMES DURING THE
TERM MAINTAIN, AND SHALL HAVE FURNISHED LANDLORD WITH EVIDENCE OF, INSURANCE
MEETING OR EXCEEDING THE REQUIREMENTS SET FORTH ON EXHIBIT I ATTACHED HERETO,
WHICH EVIDENCE SHALL BE IN THE FORM OF CERTIFICATES OF INSURANCE.
IF LANDLORD
SHALL HAVE NOT RECEIVED SUCH EVIDENCE OF INSURANCE MEETING OR EXCEEDING THE
REQUIREMENTS SET FORTH ON EXHIBIT I ATTACHED HERETO BY OCTOBER 20, 2003, TENANT
SHALL BE DEEMED TO HAVE REQUESTED THAT LANDLORD PROVIDE SUCH COVERAGE FOR TENANT
BY INCLUDING THE PREMISES UNDER SUCH INSURANCE POLICIES MAINTAINED BY LANDLORD
OR ITS AFFILIATES AND TENANT SHALL THEREAFTER PROMPTLY PAY, AS ADDITIONAL RENT,
ONE HUNDRED AND THREE PERCENT (103%) OF LANDLORD'S COST FOR CARRYING SUCH
INSURANCE.
LANDLORD WILL MAINTAIN SUCH INSURANCE ON TENANT'S BEHALF UNTIL (X)
TENANT NOTIFIES LANDLORD TO CEASE