ENGINEER OR QUALIFIED
ENVIRONMENTAL CONSULTING FIRM REASONABLY APPROVED BY LESSOR ASSESSING THE
RESULTS OF SUCH REMEDIATION WORK.
IF, BASED ON SOUND ENVIRONMENTAL ADVICE, AN
OPERATIONS AND MAINTENANCE PLAN SHOULD BE IMPLEMENTED, LESSEE SHALL CAUSE SUCH
OPERATIONS AND MAINTENANCE PLAN TO BE PREPARED AND IMPLEMENTED AT ITS EXPENSE
AND LESSEE SHALL TAKE ALL ACTIONS NECESSARY TO COMPLY WITH SUCH PLAN.
SECTION 11.3.
LESSEE'S OBLIGATION WITH RESPECT TO THIRD PARTIES.
WITHOUT
LIMITING LESSEE'S OBLIGATIONS UNDER SECTION 11.1 OR ANY OTHER PROVISION OF THIS
LEASE PROVIDED NO EVENT OF DEFAULT EXISTS, LESSEE SHALL BE EXCLUSIVELY
RESPONSIBLE FOR RESPONDING TO AND COMPLYING WITH ANY ADMINISTRATIVE NOTICE,
ORDER, REQUEST OR DEMAND, OR ANY THIRD-PARTY CLAIM OR DEMAND RELATING TO THE
POTENTIAL OR ACTUAL PRESENCE OF HAZARDOUS MATERIALS ON THE PROPERTY WHETHER OR
NOT CAUSED BY LESSEE OR ANOTHER PARTY (OTHER THAN LESSOR), EXCEPT WHERE THE
CONTAMINATION WAS CAUSED SOLELY BY LESSOR.
THE RESPONSIBILITY CONFERRED UNDER
THIS SECTION 11.3 INCLUDES RESPONDING TO SUCH ORDERS ON BEHALF OF LESSOR AND
DEFENDING AGAINST ANY ASSERTION OF LESSOR'S FINANCIAL RESPONSIBILITY OR
INDIVIDUAL DUTY TO PERFORM UNDER SUCH ORDERS.
SECTION 11.4.
INDEMNITY FOR ENVIRONMENTAL MATTERS.
LESSEE SHALL HOLD HARMLESS,
INDEMNIFY AND DEFEND LESSOR AND ANY MORTGAGEE AND THEIR RESPECTIVE MANAGERS,
MEMBERS, PARTNERS, OFFICERS, EMPLOYEES AND DIRECTORS FROM AND AGAINST DAMAGES
RESULTING FROM ITS BREACH OF THE FOREGOING PROVISIONS OF THIS ARTICLE XI, IN
ACCORDANCE WITH THE TERMS OF SECTION 20.1.
SECTION 11.5.
LESSEE TO NOTIFY LESSOR OF ENVIRONMENTAL EVENTS.
LESSEE SHALL
PROMPTLY NOTIFY LESSOR AND ANY MORTGAGEE WHEN LESSEE BECOMES AWARE OF (I) THE
PRESENCE OF HAZARDOUS MATERIAL ON THE PROPERTY WHICH VIOLATE ANY APPLICABLE LAWS
AND RESTRICTIONS, (II) THE RELEASE, OR THREATENED RELEASE, ONTO OR UNDER THE
PROPERTY OF HAZARDOUS MATERIAL IN AMOUNTS WHICH VIOLATES ANY APPLICABLE LAWS AND
RESTRICTIONS OR WHICH WOULD RESULT IN LIABILITY UNDER ANY APPLICABLE LAWS AND
RESTRICTIONS, WHETHER OR NOT CAUSED OR PERMITTED BY THE LESSEE, (III) THE
ISSUANCE TO LESSEE OR ANY SUBLESSEE OF SPACE IN OR OTHER USER OF THE PROPERTY OF
ANY WRITTEN COMPLAINT, NOTICE OR ORDER OF VIOLATION OR NON-COMPLIANCE OR
POTENTIAL LIABILITY WITH REGARD TO THE PROPERTY OR THE USE THEREOF WITH RESPECT
TO ENVIRONMENTAL LAWS (INCLUDING WHETHER ANY INVESTIGATIVE AND/OR REMEDIAL
ACTION IS REQUIRED OR RECOMMENDED PURSUANT THERETO); (IV) ANY WRITTEN NOTICE OF
A GOVERNMENTAL AUTHORITY OR OTHER PERSON OF
A PENDING (OR, IF SUCH NOTICE IS
FROM A GOVERNMENTAL AUTHORITY, THREATENED) INVESTIGATION AS TO WHETHER LESSEE'S
(OR ANY OTHER PERSON'S) OPERATIONS ON THE PROPERTY ARE NOT IN COMPLIANCE WITH
ANY ENVIRONMENTAL LAWS OR (V) THE MIGRATION OR RELEASE, OR A SUSPECTED MIGRATION
OR RELEASE, OF HAZARDOUS MATERIAL FROM THE PROPERTY TO OTHER PROPERTIES.
SECTION 11.6.
LESSEE RIGHT TO CONTROL REMEDIATION.
LESSEE SHALL HAVE THE SOLE
RIGHT TO CONTROL THE METHOD OR METHODS OF COMPLYING WITH ITS OBLIGATIONS UNDER
THIS ARTICLE XI, INCLUDING THE RIGHT TO SELECT ATTORNEYS, ENVIRONMENTAL
ENGINEERS AND OTHER CONSULTANTS TO ASSIST LESSEE IN SO COMPLYING AND THE
SELECTION OF THE METHODS OF EFFECTUATING ANY REMEDIATION
AND THE CONTRACTORS TO
PERFORM THE SAME, AND THE