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21. INTERPRETATION. ASC and Tenant have both had the opportunity to review and revise this
<br />Sublease. As such, this Sublease shall be construed and interpreted as the joint work product of ASC and
<br />Tenant and/or their attorneys. The rule of construction to the effect that any ambiguities are to be
<br />resolved against the drafting party shall not be employed In any interpretation of this Sublease. This
<br />Sublease and all of its terms shall he construed equally as to ASC and Tenant.
<br />22. HAZARDOUS MATERIALS.
<br />A. As used In this Sublease, the term "Hazardous Material" means any flammable Items,
<br />explosives, radioactive materials, hazardous or toxic substances, material or waste or related
<br />materials, including, without limitation, any substances defined as or included in the definition
<br />of "hazardous substances," "hazardous wastes," "infectious wastes," "hazardous materials," or
<br />"toxic substances" now or subsequently regulated under any federal, state or local laws or
<br />regulations Including, without limitation, petroleum -based products, printing Inks, acids,
<br />pesticides, asbestos, P6s and similar compounds, and including any different products and
<br />materials which are subsequently found to have adverse effects on the environment or the
<br />health and safety of persons and are outside the scope of a reasonable restaurant operation.
<br />B. Tenant shall not cause or permit any Hazardous Material to be generated, produced, brought
<br />upon, used, stored, treated or disposed of in or about the premises by Tenant, its agents,
<br />employees, contractors, affiliates, or invitees. Tenant shall protect, Indemnify, defend and hold
<br />ASC harmless from all actions (including, without limitation, remedial or enforcement actions of
<br />any kind, and administrative orjudicial proceedings and orders orjudgments), costs, claims,
<br />damages (including punitive damages), expenses (including attorneys', consultants' and experts'
<br />fees, court costs), amounts paid in settlement, fines, forfeitures or other civil, administrative or
<br />criminal penalties, injunctive or other relief, liabilities or losses in any way arising or resulting
<br />from a breach of this prohibition by Tenant, its agents, employees, contractors, affiliates or
<br />invitees. Upon expiration or earlier termination of this Sublease, Tenant shall cause any
<br />Hazardous Materials arising out of the use or occupancy of the Premises by Tenant or its agents,
<br />affiliates, customers, employees, business associates or assigns to be removed from the
<br />Premises and properly transported for use, storage or disposal In accordance with all applicable
<br />laws, regulations and ordinances.
<br />23. GENERAL PROVISIONS.
<br />A. Waiver. The waiver by ASC or Tenant of any termm, covenant on condition in this Sublease
<br />shall not be deemed to be a waiver of any other term, covenant or condition or any subsequent
<br />waiver of the same or any other term, covenant or condition contained in this Sublease. The
<br />subsequent acceptance of Rent hereunder by ASC or any payment by ASC or Tenant shall not be
<br />deemed to be a waiver of any preceding default of any term, covenant or condition of this
<br />Sublease, other than the fallure to pay the particular amount so received and accepted,
<br />regardless of the knowledge of any preceding default at the time of the receipt or acceptance.
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