|
<br />assignees and invile-es on or in connection wjth [he Premises, or any portion Ihereof, or the Jcts or
<br />orrUssions of any other person or entity during [he Term, but excludmg th:Hporrion of allY damages
<br />to the e)c, ,cnt caused by Tenant Indemnllees ThIs Indemnity shall survi ve the expiration or prior
<br />tCrrrUnation of this Lease.
<br />
<br />C. The indemnity obligation in Subparagraphs (A)(iv) and (B) above are
<br />conditioned upon (i) an Indemnitee providing written nOlice to the other party with reasonable
<br />promptness upon becoming aware of any m3t1er described above to which the indemnity applies and
<br />10 which the other party does not have simultaneous notice thereof, provided that the failure to
<br />provide or any delay in providing such nOlice shall not impair the indemnity hereunder unless the
<br />iailure or delay actually causes prejudice to the other party and then only co the extent such delay
<br />causes the damages to exceed those which otherwise would have been incurred had prompt notice
<br />been given, and (ii) the reasonable cooperation of the Indemnitees with the other party in the defense
<br />of the matter.
<br />
<br />D. Landlord and Tenant acknowledge and agree that some or all of the
<br />1I1lprOvements located on the Premises, or any ponions thereof, may have been constructed
<br />incorporating asbestos, lead based pai:1t and other materials prior to the existence of restrictions
<br />regarding the use of such materials, and accordingly some or all of the Premises may contain such
<br />materiaJs. including, but not limited to, asbestos and lead based paint. In connection with any
<br />asbestos and/or lead-based paint presently located at the Premises, Landlord shall be responsible for
<br />the reasonable costs of any and aJl operations and maintenance ("O&M") programs and other
<br />re~r::mse actions undertaken by a mutuaJly appointed environmental consultant to the extent required
<br />ty 'he Environmental Laws, including, without limitation, normal repairs and encapsulation of
<br />friable asbestos presently located within the Premises; provided, however, Tenant shall be
<br />rc~punsioje for arij O&M programs and other response actions to the extent required by
<br />Environmental Laws if such action is required as a result of Tenant's activities at the Premises.
<br />Further, in the event that, as a result of any repairs, alterations or improvements done by Tenant to
<br />the Premises, any Environmental Laws provide that any asbestos and/or lead based pain!
<br />remediation, repair work, or other response action shall be done which would not have been
<br />otherwise required if such repairs, alterations or improvements were not done by Tenant, then
<br />Tenant, at Tenant's sole cost and expense, shall perfonn any such asbestos and/or lead based paint
<br />remediation or repair work or take such other response 3ctions which may be reguired by any
<br />Environmental Laws as a result of such repair, alterations or improvements. Any remediation, repa..ir
<br />work, or other response actions, including the development and implementation of 9&M programs,
<br />shall be done only through contractors licensed therefor and shall be done in all respects in
<br />compliance with aJl applicable Environmental Laws Upon completion of any such action, such
<br />contractors shall be required to deliver to Landlord and to Tenant certificates complying with all
<br />Environmental Laws
<br />
<br />E. Notwithstanding anything herein to the contrary, neither Landlord nor Tenant
<br />shall have any obligation hereunder to the other for releases of Hazardous Substances at locations
<br />other than the Premises if such releases contaminate, or have contaminated, any of the Premises;
<br />
<br />/vi lA 951011712- 8. J
<br />
<br />11
<br />
<br />------- .
<br />
<br />-,- . - -......---
<br />
<br />-, ~~
<br />~ Jt"!.: )
<br />/.. l-j~ ';)t;
<br />".. ~
<br />/, ii ,,~'p"
<br />:'/}~~__";" /l VI 4,. - ::~ ...~
<br />- \;" ~" 'j
<br />" ~{y ~~,:,~,"{,: "
<br />
<br />r-r
<br />
<br />SIB
<br />
|