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resolved against the drafting party shall not be employed in any interpretation of this Sublease. This
<br />Sublease and all of its terms shall be construed equally as to ASC and Tenant.
<br />23. HAZARDOUS MATERIALS.
<br />A. As used in this Sublease, the term Hazardous Material" means any flammable items, explosives,
<br />radioactive materials, hazardous or toxic substances, material or waste or related materials, including,
<br />without limitation, any substances defined as or included in the definition of "hazardous substances,"
<br />"hazardous wastes," "infectious wastes," "hazardous materials," or "toxic substances" now or
<br />subsequently regulated under any federal, state or local laws or regulations including, without
<br />limitation, petroleum -based products, printing inks, acids, pesticides, asbestos, PBs and similar
<br />compounds, and including any different products and materials which are subsequently found to have
<br />adverse effects on the environment or the health and safety of persons and are outside the scope of a
<br />reasonable restaurant operation.
<br />B. Tenant shall not cause or permit any Hazardous Material to be generated, produced, brought upon,
<br />used, stored, treated or disposed of in or about the premises by Tenant, its agents, employees,
<br />contractors, affiliates, or invitees. Tenant shall protect, indemnify, defend and hold ASC harmless from
<br />all actions (including, without limitation, remedial or enforcement actions of any kind, and
<br />administrative orjudicial proceedings and orders orjudgments), costs, claims, damages (including
<br />punitive damages), expenses (including attorneys', consultants' and experts' fees, court costs), amounts
<br />paid in settlement, fines, forfeitures or other civil, administrative or criminal penalties, injunctive or
<br />other relief, liabilities or losses in any way arising or resulting from a breach of this prohibition by
<br />Tenant, its agents, employees, contractors, affiliates or invitees. Upon expiration or earlier termination
<br />of this Sublease, Tenant shall cause any Hazardous Materials arising out of the use or occupancy of the
<br />Premises by Tenant or its agents, affiliates, customers, employees, business associates or assigns to be
<br />removed from the Premises and properly transported for use, storage or disposal in accordance with all
<br />applicable laws, regulations and ordinances.
<br />24. GENERAL PROVISIONS.
<br />A. Waiver. The waiver by ASC or Tenant of any term, covenant on condition in this Sublease shall not be
<br />deemed to be a waiver of any other term, covenant or condition or any subsequent waiver of the same
<br />or any other term, covenant or condition contained in this Sublease. The subsequent acceptance of Rent
<br />hereunder by ASC or any payment by ASC or Tenant shall not be deemed to be a waiver of any
<br />preceding default of any term, covenant or condition of this Sublease, other than the failure to pay the
<br />particular amount so received and accepted, regardless of the knowledge of any preceding default at
<br />the time of the receipt or acceptance.
<br />B. Headings. The headings and paragraph titles in this Sublease are not a part of this Sublease and shall
<br />have no effect upon the construction or interpretation of any part of this sublease.
<br />C. Time of the Essence. Time is of the essence of this Sublease and each and all of its provisions.
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