|
28. REMEDIES. Upon an uncured default, the non -defaulting Party may at its option
<br />(but without obligation to do so), perform the defaulting Patty's duty or obligation on the
<br />defaulting Party's duty or obligation on the defaulting Party's behalf, including but not limited to
<br />the obtaining of insurance required to be maintained by LESSEE under this Agreement, The
<br />costs and expenses of any such performance by the non -faulting Party shall be due and payable
<br />by the defaulting Party within thirty (30) days following receipt of such party of a written invoice
<br />therefor accompanied by reasonable substantiation of any such costs incurred. In the event of an
<br />uncured default by either Party with respect to a material provision of this Agreement, without
<br />limiting the non -defaulting Party in the exercise of any right or remedy which the non -defaulting
<br />Party may have by reason of such uncured default, the non -defaulting Patty may terminate this
<br />Agreement. In the event of an uncured default the non -defaulting Party shall have the right to
<br />pursue an action for specific performance (including the payment of rent) and for the recovery of
<br />actual damages. No consequential damages, punitive damages, treble damages, and/or lost
<br />profits, or other financial recovery shall be available to either Party.
<br />29. ENVIRONMENTAL.
<br />a. LESSEE shall not bring any Hazardous Materials onto the
<br />Promises/Property, except for those contained in its back-up power batteries and common
<br />materials used in telecommunications operations. "Hazardous Materials" shall mean any
<br />substance, chemical or waste identified as hazardous, toxic or dangerous in any applicable
<br />federal, state or local law or regulation, including petroleum and asbestos. LESSEE will treat
<br />and dispose of any Hazardous Materials brought onto the Premises/Property, by it in accordance
<br />with all federal state and local laws and regulations.
<br />b. LESSOR will be responsible for all obligations of compliance with any
<br />and all environmental and industrial hygiene laws, including any regulations, guidelines,
<br />standards, or policies of any governmental authorities regulating or imposing standards of
<br />liability or standards of conduct with regard to any environmental or industrial hygiene
<br />conditions or concerns as may now or at any time hereafter be in effect, that are or were in any
<br />way related to activity now conducted in, on, or in any way related to the Property, unless such
<br />conditions or concerns are caused by the activities of LESSEE.
<br />C. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and
<br />assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties,
<br />responsibilities, and liability (including but not limited to payment of penalties, sanctions,
<br />forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order,
<br />summons, citation, directive, litigation, investigation or proceeding which is in any way related
<br />to: (i) failure to comply with any environmental or industrial hygiene law, including without
<br />limitation any regulations, guidelines, standards, or policies of any governmental authorities
<br />regulating or imposing standards of liability or standards of conduct with regard to any
<br />environmental or industrial hygiene concerns or conditions as may now or at any time hereafter
<br />be in effect, unless such compliance results from conditions caused by LESSEE; and (ii) any
<br />environmental or industrial hygiene conditions arising out of or in any way related to the
<br />condition of the Property or activities conducted thereon, unless such environmental conditions
<br />are caused by LESSEE.
<br />#2294Sv2
<br />
|