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emergency situation. If any alleged default is of such a nature that it cannot be completely
<br />remedied or cured within the thirty (30) day period provided above, then notwithstanding the
<br />provisions of this Section to the contrary, Tenant shall not have a right to enforce any of the
<br />remedies herein set forth if Landlord shall commence curing such default within such thirty (30)
<br />day period and shall proceed with reasonable diligence in good faith to complete the curing
<br />thereof.
<br />29. HAZARDOUS_ SUBSTANCES: (a) As used herein, the term "Hazardous Substances"
<br />shall mean, without limitation, any substance that is biologically or chemically active or any
<br />hazardous, toxic, or dangerous waste, substance (including, but not limited to, lead -based paint,
<br />asbestos or petroleum derivative substances), or material defined as such in (or for purposes of)
<br />(1) any state, federal or local environmental laws, interpretive letters, regulations, decrees or
<br />ordinances, (ii) the Comprehensive Environmental Response, Compensation and Liability Act, as
<br />amended, (iii) the Resource Conservation and Recovery Act, (iv) any of the so- called state or local
<br />"Super Fund ", "Super Lien" or "Cleanup Lien" laws or (v) any other federal, state or local statute,
<br />law, ordinance, code, rule, interpretive letter, regulation, order or decree regulating, relating to or
<br />imposing liability or standards of conduct concerning any such substances or materials or any
<br />amendments or successor statutes with respect to any of the foregoing.
<br />(b) During the Term of this Lease, Tenant represents and warrants that, except for
<br />items commonly sold or utilized in Tenant's other auto parts and supply stores (including but not
<br />limited to Tenant's customer oil recycling program), no other Hazardous Substances will be stared
<br />on the Demised Premises and no Hazardous Substances will be discharged on the Demised
<br />Premises by Tenant, Tenant agrees that such representations and warranties shall survive any
<br />termination of this Lease, and Tenant agrees to indemnify and hold harmless Landlord from any
<br />and all costs, expenses, claims and damages, including, but not limited to, attorneys' fees and
<br />costs of rernediation, arising from Tenant's breach of any of the representations and warranties
<br />contained in this Section 29, This indernnification precedes, is concurrent with, and survives this
<br />Lease.
<br />(c) Landlord shall indemnify, defend and hold Tenant harmless from and against any
<br />and all costs, expenses, and damages, including, but not limited to, attorneys' fees and costs of
<br />remediation arising out of any claim for loss or damage to property, injuries to or death of persons,
<br />any contamination of or adverse effects on the environment or any violation of any environmental
<br />5538 Freestanding Building Lease 04212098 25G-13 11
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