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<br />42 USe. ~ 9601 eJ~: the Hazardous Materials Transportation Act, 41 US e. ~ 180] ~ @: the
<br />Resource Conserralion and Recovery Act, 42 U.s.e. S 690 I f.l~; the Toxic Substahces Control
<br />Act, J 5 U.S.c. ~ 260 1 ~~; the Clean Water Act, 33 U.S.C S 125] tl~; the Safe Drinking
<br />Water Act, 42 U,S.c. ~ 300f et~; and the Clean Air Act, 42 U.S.c. ~ 7401 ~~, the Toxic
<br />Substance Control Act, 15 U.s.e. ~260 1 et ~.; ~he regulations of the Occupational Safety and
<br />Health Administration, 29 c.F.R. S 1910. 100 I; the National Emission Standard for Hazardous Air
<br />Pollutants, 40 c.F.R. Part 6 I, Subpart M, as each may be amended from time to time (herein referred
<br />to as the "Environmental Laws".) As used in this Lease, "Hazardous Substance" means all
<br />hazardous or toxic substances, materials, or wastes, chemicals, pollutants, and contaminants,
<br />including, but not limited to, petroleum products and asbestos, the use, storage, treatment,
<br />transportation or disposal of which is regulated pursuant to any Environmental lAw or which is
<br />otherwise hannful to human health or the environment.
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<br />(ii) Tenant willl.lse, keep and maintain the Premises, and every portion
<br />thereof, in compliance with all Environmental Laws and shall not cause or permit the Premises. or
<br />any portion thereof to be in violation of any Environmental Laws.
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<br />(iii) Neither Tenant nor its agents, employees, contractors, subtenants,
<br />assignees and invitees will use the Premises, or any portion thereof, in a manner which causes any
<br />Hazardous Substance to be released, and will not release (as hereinafter defined) any Hazardous
<br />Substance, in, on, beneath, at or about the Premises, or any portion thereof, including, without
<br />limitation, into the atmosphere, sailor groundwater thereof. If Tenant or its agents, employees,
<br />contractors, subtenants, assignees or invitees or any other person or entity during the Term of this
<br />Le2.se causes or permits the spilling, leaking, pumping, pouring, emitting, discharging, injection,
<br />escaping, leaching, dumping, or disposing in. on, beneath, at or about the Premises, including,
<br />Without limitation, into the atmosphere, soil, or groundwater thereof (each such event or occurrence
<br />being ;j "release") of any Hazardous Substance, Tenant, upon knowledge thereof, shall immediately
<br />notify Landlord in writing of such release and immediately commence, diligently conduct and
<br />complete the investigation, assessment, clean-up and remediation of each such reJease of Hazardous
<br />Substances, and take all such other action, as may be necessary or required by the Environmental
<br />Laws, all at Tenant's sole cost and expense.
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<br />(iv) Tenant shall indemnify, defend and hold harmless Landlord, its
<br />officers, directors, employees, shareholders, affiliates, successors and assigns (the ''Landlord
<br />lndemnitees") against any and all ljabilities, damagt".s, claims (including without limitation, third
<br />part)' claims of personal injury or real or personal property damages), costs, losses, actions, causes
<br />of action, legaJ, accounting, consulting, engineering and olher professional fees and costs,
<br />investIgation, assessment, remediJlion and other response costs, and other costs and expenses
<br />whether at law, in equity, or of an administrative nature (including, without limitation, attorneys'
<br />fees and court costs whether incurred at any investigative, administr<ltive, trial or appellate level),
<br />including, without limitation, Jiability under the Comprehensive Environmental Response
<br />Compensation and Liability Act, 42 USe. Section 960], f1 ~ or any of the other Environmental
<br />Laws, as currently written or as they may be amended (herein;jftcr collectively referred to as
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<br />ML..95101171?48j
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