PAYMENT AND RECEIPT OF BASE RENT AND
ADDITIONAL RENT AND DOES NOT RESULT IN ANY LIEN BEING ASSESSED AGAINST THE
PREMISES WHICH TENANT DOES NOT REMOVE OR "BOND-AROUND" AS SET FORTH IN SECTION
9.1 BELOW, AND (VI) TENANT INDEMNIFIES, DEFENDS AND HOLDS LANDLORD HARMLESS FROM
ANY AND ALL FINES, PENALTIES, CHARGES, CLAIMS, DAMAGES, COSTS AND/OR EXPENSES
(INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND EXPENSES)
INCURRED IN CONNECTION WITH ANY SUCH CONTEST OR TENANT'S FAILURE TO COMPLY WITH
SUCH LEGAL REQUIREMENTS.
WITHOUT LIMITING THE FOREGOING
8
provisions of this Section 5.2.3, Tenant shall also pay all such fines,
penalties, charges, claims, damages, costs and/or expenses (including, without
limitation, reasonable attorneys' fees and expenses), as and when required to do
so (including, without limitation, as required by the order of any court of
competent jurisdiction).
5.3
HAZARDOUS MATERIALS; MOLD; INDEMNIFICATION.
5.3.1
WITHOUT LIMITING THE GENERALITY OF SECTION 5.2, TENANT WILL NOT,
AND WILL NOT PERMIT ANY TENANT-RELATED PARTIES TO, USE, HANDLE, STORE, RELEASE,
DISCHARGE, GENERATE, MANUFACTURE, TREAT, TRANSPORT OR DISPOSE OF ANY HAZARDOUS
MATERIALS BY TENANT OR ANY TENANT-RELATED PARTIES IN, ON, UNDER OR ABOUT THE
PREMISES, EXCEPT FOR THE USE WITHIN THE PREMISES OF SUBSTANCES THAT ARE OF A
KIND TYPICALLY USED, HANDLED OR STORED, IN NORMAL OFFICE COMPLEXES AND FOOD
PREPARATION AREAS IN THE ORDINARY COURSE OF BUSINESS (SUCH AS COPIER TONER,
LIQUID PAPER, BATTERY ACID, FIRE SUPPRESSION CHEMICALS, LAWN AND WATER TREATMENT
CHEMICALS, GLUE, INK, AND CLEANING SOLVENTS), THAT ARE USED IN THE MANNER AND
FOR THE PURPOSE FOR WHICH THEY WERE DESIGNED AND ONLY IN COMPLIANCE WITH ALL
APPLICABLE LEGAL REQUIREMENTS (INCLUDING, WITHOUT LIMITATION, THE MAINTENANCE OF
ALL REQUIRED PERMITS AND IN COMPLIANCE WITH ALL REQUIREMENTS FOR THE SUBMITTAL
OF NOTICES AND REPORTS, PROPER LABELING, TRAINING AND RECORD KEEPING), AND THEN
ONLY IN SUCH AMOUNTS AS MAY BE NORMAL FOR THE OFFICE BUSINESS OPERATIONS TENANT
CONDUCTS ON THE PREMISES IN COMPLIANCE WITH SECTION 5.1 HEREOF.
5.3.2
TENANT SHALL PROMPTLY TAKE AT ITS SOLE COST AND EXPENSE THOSE
ACTIONS THAT ARE NECESSARY TO REMEDIATE ANY ENVIRONMENTAL CONTAMINATION ARISING
FROM OR ATTRIBUTABLE TO THE PRESENCE, USE, HANDLING, STORAGE, RELEASE,
DISCHARGE, GENERATION, MANUFACTURE, TRANSPORTATION OR DISPOSAL OF ANY HAZARDOUS
MATERIALS IN, ON, UNDER OR ABOUT THE PREMISES DURING THE LEASE TERM AND TO
RETURN THE PREMISES TO THE CONDITION EXISTING PRIOR TO THAT CONTAMINATION.
IN
MAKING THE FOREGOING COVENANT, HOWEVER, TENANT DOES NOT UNDERTAKE ANY OBLIGATION
TO REMEDIATE ANY ENVIRONMENTAL CONTAMINATION ARISING FROM OR ATTRIBUTABLE TO
HAZARDOUS MATERIALS (I) PRESENT ON THE PREMISES PRIOR TO THE COMMENCEMENT DATE,
UNLESS (X) TENANT OR A TENANT-RELATED PARTY DIRECTLY OR INDIRECTLY CAUSED THE
ENVIRONMENTAL CONTAMINATION OF THE PREMISES BY SUCH HAZARDOUS MATERIALS, (Y)
TENANT OR A TENANT-RELATED PARTY HAD KNOWLEDGE OF SUCH CONTAMINATION PRIOR TO
THE COMMENCEMENT DATE OR (Z) SUCH CONTAMINATION IS DISCLOSED IN THAT CERTAIN
PHASE I ENVIRONMENTAL SITE ASSESSMENT, DATED DECEMBER 20, 2012, MADE BY IVI
ASSESSMENT SERVICES, INC. (THE "IVI PHASE I"), A COPY OF WHICH WAS OBTAINED BY
LANDLORD AND SUBMITTED TO TENANT PRIOR TO THE COMMENCEMENT DATE,