|
about the Psemisas, other than as previously consented to by lasso, Lessee thall Immedlately give written notice of such fact to lessor, and provide Lessotwith a
<br />copy of any report, notice, claim or other documentation which It has concerning the Presence of such Harardous Substance.
<br />(c) Lessee RamadaMon, Lessee shall not abuse or somnt any Hazardous Substance to be spilled or released In, on, under, or about the Premises
<br />pncluding through the plumbing or sanitary, sewer system) and shall promptN, at Lessee's expense, comply with all Applicable Requirements and take all Investigatory
<br />antl/or remedial action reasonably recommended, whether or not formally ordered at required, for the cleanup of any comammatton of and for the maintenance,
<br />Security and/or monitoring of the Premises or nelghboting properties, that was to used or materially contributed to by Lessee, or portaloing to or Involving any
<br />HaaRlous Substance brought onto the Premises during the term of this lease, by or lot Lessee, or any third party.
<br />(d) Lessee indamnlRatlon. Lessee shall Indemnify, defend and hold Lessor, Its agents, employe es, lenders and ground lessor, If any, harmless from and
<br />against any and all loss of rents and/or damages, Hablllties, judgments, claims, expenses, penalties, antl attorneys' and consultants' fees arising out of or Involving any
<br />Hamrdout substance brought onto the Premises by or for Lessee, or any third party (provWed, however, that lessee shall have net IWbilityunder this Lease with
<br />respect to underground migration of any Hazardous Substance under the Premises from adjacent prope ales not caused or contributed to by Lessee). lessee's
<br />obligattons shall Include, but not be limited to, the effects of any contamination or Injury to person, property or the environment created or suffered by tessee, and
<br />the cost of Investigation, removal, remedlatlon, restoration and/or abatement, and shall Survive the expiration or termination oflhis Lease. Notarminaran,
<br />cancellation or release agreement entered Into by Lessor and Lessee shall release Lessee from Its obligations under this Lease with respect to Hazardous
<br />Substances, unless MeclHtallyso agreed by Lessor In writing at the time of such agreement.
<br />(a) Lessor tndamnifation. Except as otherwise provided In paragraph 9.7, Lessor and its successors and assigns shall indemnify, defend, reimburse and
<br />hold Lessee, Its employees and lenders, harmless from and against any and all environmental damages, Including the cost of remediation, which result ham
<br />Hazardous Substances which calmd on the Premlses prlor to lessee's occupancy or which are caused by the grass negligence orwlllful misconduct of Lessor, Its
<br />agents or employees. Lessees obligations, as and when required by theAppilcabla Requirements, shall Include, but not be limited to, the cost of Investigation,
<br />removal, remedWtion, restoration and/or abatement, and shall survive the explrafion or termination of this lease.
<br />(0 Invastig3tiosn and Remedlations. Lessor shall retain the responsibility and pay for any Investigations or remedlatlon measures required by
<br />governmental entities having ludsdicdon with respect to the existence of Hazardous Substanceson the Premises Prior to lessee's occupancy, unless such remedlatlon
<br />measure Is requlred as a result of Lessee's use (Including'AltemtioflV, as defined In paragraph 7.3(a) below) of the Promises, In which avant Lessee shall be
<br />responsibleforlushpayment. Lessee shall cooperate fully In any such actiNUesat the request of Lessor, Including *lWng lessor and Lessor's agents to have
<br />mesom ble guess to the Premises at Inestimable tames In order to Carry out lessor's tnvesNgativeand remedial responsltelllHes.
<br />Jill Lessor Terminstlan Option. If a Hazardous Substance[ondldOn lsee Paragraph 9.1(e))Oscars dudng the term of this tease, unless Lessee b legally
<br />responsible therefor (In which use Lessee shall make the Invesdgation and mmedlaUon thereof required by the Applicable Requirements and this Lease shall continue
<br />In full force and effect, but subject to Lessor's rights under Paragraph 6.2(dl and paragraph 13), lessor may, at Lessor's option, either (1) Investigate and remedlize such
<br />HanNousSubstantst Condition, If required, as soon as reasonably possible at Lessor's expense, In which event this lease shall Continue In full force and effect, or (11) If
<br />the estimated cost to Materials, such Condition exceeds 12 limes the then monthly Best Rent or $100,000, whlcheveris greater, glee written notice to Lessee, within
<br />30 days after recall at by Lessor of knowledge of the Occurrence of such Hazardous Substance Condition, of Lesstesdedre to terminate this lease as of the date 60
<br />days fallowing the date otsuch notice. in the event Lessor elects to give a termination notice, Lessee may, within 10days thereafter, give written notice to lessor of
<br />Lessee's Commitment to pay the amount by which the Cost of the remedlatfon of such Hazardous Substance Condition exceeds an amount equal to 12 times the then
<br />monthly Base Rent or$100,000, whichever is greater. Lessee shall provide lessor with said funds at satisfactory assurance thereofwithin 30 days following such
<br />commitment. In such event, this Lease shall Continue In full form and effect, and Lessor shall proceed to make such remediation tie soon as reasonably possible attar
<br />the required funds are available. If lessee does not give such notice and provide the requlred funds or assurance thereof within the time provided, this lease shall
<br />terminate as of the date specl9ed In Lessor's notice of tennlnation.
<br />6.3 Lessee's compliance with Applicable Requirements. ,Lessee shall, at Lessee's sole expense, fully, diligently and
<br />In a Umety manner, material comply with Oil Applicable Requirements, the requirements of any applicable One Insurance underwriter or 00ng bureau, and the
<br />recommendation at Lasso es engineers and/jar Consultants which relate In any manner to the Premises, without regard to whether said Applicable Requirements are
<br />nowln effector becomeeffective after the Start Date Lesseeshall, within 10 days after n for of Lessoes written request, provide Lessor with copies of all permits
<br />and Other documents, and other Information evidencing lessee's compliance with any Applicable Requirements specified bytessor, and shall Immediately upon
<br />lecelpt, notify Lessor In writing (withcopias of any documents Involved) of any threatened or actual claim, natce, drotion, warning, complaint or report pertaining to
<br />or Involving the failure of lessee or the Premises to Comply wish any applicable Requllements Ulttwlse, Lessee shall lmmnlatey give written notice to Lessor of:(1)
<br />any water damage to the Ptembars and any suspected seepage, pooling, damPMs%Or ether condition con ducwe to the production of mold; or fill any mustiness Or
<br />other odors that might Indicate the presence of mold In the Premises. In addition, Lessee shall provide copies of all relevant material safely data sheets (MSDSI to
<br />Lessor within 10days of the receipt of a written request therefor. In addition, Lessee shall provide lessor with coples of Rsbusiness Ilceme, confiscate of occupancy
<br />andkr any similar document within 10days of the receipt of a written request therefor.
<br />6.4 Inspectbm Compliance. Lessor and Letsar'3"lender' (as defined In Paragraph 30) and consultants authorized by Lessor shall have the right to enter into
<br />Premises at any time, In the case of an emergency, and otherwlseat reasonable time safter reasonable notice, for the purpose of Inspecting and/or testing the
<br />condition of the Premises and/or for verifying Compliance by Lessee with this Lease. The cost of any such Inspections shall be paid by Lessor, unless *violation of
<br />Applicable Requirements, Ora HazardousSubstance Condition (see paragraph 9A)ls found to exist Or be Imminent or the Inspection Is requested of ordered by a
<br />governmental authority. in such Case, Lessen shall upon request reimburse Leuor for the cost of such Inspection, so Zang as with Impeacal Is reasonably related to
<br />the violation or contamination. In addition, Lessee shall provide copes of all relevant material safety data sheets (M5115) to Lessor within 30 drys of the receipt of a
<br />wdtienrequerttherefor. Lessee acknowledges that any failure on its part to allow such Inspections attesting will expose lessor to risks and potentially Cause Lessor
<br />to incur Cosh not Contemplated bytes Lease, the extent of which will be extremely difficult to ascertain. Accordingly, should the lessee Improperly or
<br />unreasonably fan to agowtu h nspettionsanaronest rig Ina timelylashlon Lessee shall pay to Lessor a fee in the amount of
<br />$soothe 9%5 0 Real shall stafflaw Wily Of #1901H INIA911A Q.10 Pass OF
<br />H00rwkkhev The Parties agree that such feeIna*aaOzr,4Rao4�reprewntsfair and reasonable compensation for
<br />the additional rlsk/cosh that Lessor will Incur by reason of Lanto'sfailure to allow such Inspection and/or testing. Such feewAmoa4w4basAtae shall In no event
<br />vinstitole a walver of Lessee's Default or Breach with respect to such falluro nor prevent the exerthe of any of the other rights and remedies granted It Crowder.
<br />7. Maintenance; Repaint; Utility Inttalladons;tr*de Natures and Alterations.
<br />7.1 Lessee's obligations.
<br />(a) In General, l apron yyeete-"
<br />-d44 ), Lessee shall, expense, keep the Premises, Utility Installations (intended for
<br />1
<br />INITIALS
<br />02019AIRCRE, All Rights Reserved. Last Edited. 2/25/20219:53 AM
<br />STN.27.30, Revised 11.25-2019 page 4of 16
<br />
|