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<br />clean up any release (as hereinafler defIned), or (iji) otherviise adversely affect the undlord's interest
<br />in the Premises, the Tenant will, upon request of the Landlord, provide to the Landlord, at the
<br />Tenant's expense, a repon from a reput::lbJe environment::l) consultant, reasonably ::lpproved by
<br />Landlord, with respect to such Premises and the nature, extent, and effect of the use of an)'
<br />Hazardous Substance thereon, which report shall be provided [0 the Landlord not later than thirty
<br />(30) days following the request therefor, or such earlier date upon which the report is actually
<br />available from the environmental consultant. If the Tenant shall fail or refuse to engage an
<br />environmental consultant acceptable to the Landlord and to provide such a report with thirt)' (30)
<br />days following the request therefor by the Landlord, the Landlord may, but shall not be obligated to,
<br />obtain such a report from an environmental consultant of the Landlord's choice, at the Tenant's cost,
<br />which cost Ten~lnt shall pay to Landlord in accordance with the provisions of Subparagraph 20(C)
<br />hereof.
<br />
<br />B. If Landlord detennines that an environmental audit, assessment, study, or test
<br />should be conducted in connection with the Premises, Landlord and Tenant shall confer and within
<br />ten (0) business days thereafter Tenant shall retain a reputable environmental consultant, approved
<br />by Landlord, to conduct such environmental audits. assessments, studies, and tests on the Premises.
<br />Based upon the results of such audits, assessments, studies, and tests, Landlord, if it reasonably
<br />determines that the Tenant is not in compliance with any Environmental Laws (as defined in
<br />Paragraph 11) which apply to the Premises or to any users or operators of the Premises, may require
<br />the Tenant to promptly correct or rectify, at the Tenant's expense, any failure to comply with such
<br />Environmental Laws.
<br />
<br />C. Landlord's right to require Tenant to undertake and submit to Landlord an
<br />environmental audit, srudy or test from a reputable environmental consultant, approved by Landlord,
<br />shall be permitted only if Landlord has objective evidence or has received notice from any
<br />governmental authority that there is a threat, or may have been a release after the Commencement
<br />Date, of a Hazardous Substance at or on the Premises; provided, however, jf Tenant promptly
<br />provides objective evidence to Landlord that no such threat exists or release has occurred, Tenant
<br />shall not be required to undertake such audit, assessment, study or test.
<br />
<br />II Environment<l] Representations and Indemnification.
<br />
<br />A. Tenant hereby represents, warrants, covenants and agrees that:
<br />
<br />(i) Any Hazardous Substances (as hereinafter defined) used by Tenant
<br />or its agents, employees. contractors, subtenants, assignees and invj[ees on, in, or about the Premises
<br />shall be_brought inlo, installed, contained, treated, stored, used, transported and disposed of in a safe
<br />manner and in accordance with all federal, state or local laws, ordinances, regulations, pennit
<br />conditions, administrative orders, directives, judgments, decrees, injunctions and all covenants and
<br />restrictions of record and similar requirements, whether now or hereafter enacted, promulgated,
<br />issued, or ordered and in force, pertaining to health, safety and (he environment, including, but not
<br />limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980,
<br />
<br />MLA9510/171248I
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