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30. ENVIRONMENTAL.
<br />A. LESSEE shall not bring any Hazardous Materials onto the
<br />Premises /Property, except for those contained in its back -up power batteries and common
<br />materials used in telecommunications operations, including fuel for an emergency generator.
<br />"Hazardous Materials" shall mean any substance, chemical or waste identified as hazardous, toxic
<br />or dangerous in any applicable federal, state or local law or regulation, including petroleum and
<br />asbestos. LESSEE will treat and dispose of any Hazardous Materials brought onto the
<br />Premises /Property by it in accordance 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 conditions
<br />or concerns as may now or at any time hereafter be in effect, that are or were in any way related
<br />to activity now conducted in, on, or in any way related to the Property, unless such conditions or
<br />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 />D. In the event LESSEE becomes aware of any hazardous materials on the
<br />Property, or any environmental, health or safety condition or matter relating to the Property, that,
<br />has not been caused by LESSEE and in LESSEE's sole determination, renders the condition of
<br />the Premises or Property unsuitable for LESSEE's use, or if LESSEE believes that the leasing or
<br />continued leasing of the Premises would expose LESSEE to undue risks of liability to a government
<br />agency or third party, LESSEE will have the right, in addition to any other rights it may have at
<br />law or in equity, to terminate this Agreement upon written notice to LESSOR
<br />31. CASUALTY. In the event of damage by fire or other casualty to the Premises
<br />that cannot reasonably be expected to be repaired within sixty (60) days following same or, if the
<br />Property is damaged by fire or other casualty so that such damage may reasonably be expected to
<br />disrupt LESSEE's operations at the Premises for more than sixty (60) days, then LESSEE may at
<br />any time following such fire or other casualty, provided' LESSOR has not commenced the
<br />restoration required to permit LESSEE to resume its operation at the Premises, terminate this
<br />Agreement upon twenty (20) days written notice to LESSOR. Any such notice of termination
<br />shall cause this Agreement to expire with the same force and effect as though the date set forth in
<br />such notice were the date originally set as the expiration date of this Agreement and the parties
<br />shall make an appropriate adjustment, as of such termination date, with respect to payments due
<br />45022333.1 12
<br />Jerome Park
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