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portion of the Shopping Center shall constitute an eviction, constructive or otherwise, of Lessee from the Premises, and Lessee hereby
<br />waives any and all claims that it might otherwise have against Lessor by reason thereof.
<br />6.2 Hazardous Substances.
<br />(a) Reportable Uses Require Consent. The term "Hazardous Substance" as used in this Lease shall mean any product,
<br />substance, or waste whose presence, use, manufacture, disposal, transportation, or release, either by itself or in combination with other
<br />materials expected to be on the Premises, is either: (i) potentially injurious to the public health, safety or welfare, the environment or
<br />the Premises, (it) regulated or monitored by any governmental authority, or (iii) a basis for potential liability of Lessor to any
<br />governmental agency or third party under any applicable statue or common law theory. Hazardous Substances shall include, but not
<br />be limited to, hydrocarbons, petroleum, gasoline, and/or nude oil or any products, by-products or fractions thereof, Lessee shall not
<br />engage in any activity in or on the Premises which constitutes a Reportable Use of Hazardous Substances without the express prior
<br />written consent of Lessor and timely compliance (at Lessee's expense) with all Applicable Requirements. "Reportable Use" shall
<br />mean (1) the installation or use of any above or below ground storage tank, (ii) the generation, possession, storage, use, transportation,
<br />or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration or business plan
<br />is required to be filed with, any governmental authority, and/or (iii) the presence at the Premises of a Hazardous Substance with respect
<br />to which any Applicable Requirements requires that a notice be given to persons entering or occupying the Premises or neighboring
<br />properties. Notwithstanding the foregoing, Lessee may use any ordinary and customary materials reasonably required to be used in die
<br />normal course of the Agreed Use, ordinary office supplies (copier toner, liquid paper, glue, etc.) and common household cleaning
<br />materials, so long as such use is in compliance with all Applicable Requirements, is not a Reportable Use, and does not expose the
<br />Premises or neighboring property to any meaningful risk of contamination or damage or expose Lessor to any liability therefor. In
<br />addition, Lessor may condition its consent to any Reportable Use upon receiving such additional assurances as Lessor reasonably deems
<br />necessary to protect itself, the public, the Premises and/or the environment against damage, contamination, injury and/or liability,
<br />including, but not limited to, the installation (and removal on or before Lease expiration or termination) of protective modifications
<br />(such as concrete encasements) and/or increasing the Security Deposit.
<br />(b) Duty to Inform Lessor, If Lessee knows, or has reasonable cause to believe, that a Hazardous Subsumce has come to
<br />be located in, on, under or about the Premises, other than as previously consented to by Lessor, Lessee shall immediately give written
<br />notice of such fact to Lessor, and provide Lessor with a copy of any report, notice, claim or other documentation which it has concerning
<br />the presence of such Hazardous Substance.
<br />(c) Lessee Remediation. Lessee shall not cause or permit any Hazardous Substance to be spilled or released in, on, under,
<br />or about the Premises (including through the plumbing or sanitary sewer system) and shalt promptly, at Lessee's expense, comply with
<br />all Applicable Requirements and take all investigatory and/or remedial action reasonably recommended, whether or not formally ordered
<br />or required, for the cleanup of any contamination of, and for the maintenance, security and/or monitoring of the Premises or neighboring
<br />properties, that was caused or materially contributed to by Lessee, or pertaining to or involving any Hazardous Substance brought onto
<br />the Premises during the tern of this Lease, by or for Lessee, or any third party.
<br />(d) Lessee Indemnification. Lessee shall indemnify, defend and hold Lessor, its agents, employees, lenders and ground
<br />lessor, if any, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and
<br />attorneys' and consultants' fees arising out of or involving any IIazardous Substance brought onto the Premises by or for Lessee, or any
<br />third party (provided, however, that Lessee shall have no liability under this Lease with respect to underground migration of any
<br />Hazardous Substance under the Premises from areas outside of the Shopping Center not caused or contributed to by Lessee). Lessee's
<br />obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created
<br />or suffered by Lessee, and the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration
<br />or termination of this Lease. No termination, cancellation or release agreement entered into by Lessor and Lessee shall release Lessee
<br />from its obligations under this Lease with respect to IIazardous Substances, unless specifically so agreed by Lessor in writing at the
<br />time of such agreement.
<br />(e) Lessor Indemnification. Except as otherwise provided in paragraph 8.7, Lessor and its successors and assigns shall
<br />indemnify, defend, reimburse and hold Lessee, its employees and lenders, harmless from and against any and all environmental damages,
<br />including the cost of remediation, which are suffered as a direct result of Hazardous Substances on the Premises prior to Lessee taking
<br />possession or which are caused by the gross negligence or willful misconduct of Lessor, its agents or employees. Lessor's obligations,
<br />as and when required by the Applicable Requirements, shall include, but not be limited to, the cost of investigation, removal,
<br />remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease.
<br />(t) Investigations and Remediation. Lessor shall retain the responsibility and pay for any investigations or remediation
<br />measures required by governmental entities having jurisdiction with respect to the existence of Hazardous Substances on the Premises
<br />prior to Lessee taking possession, unless such remediation measure is required as a result of Lessee's use of the Premises (including
<br />"Alterations", as defined in paragraph 7.3(a) below), in which event Lessee shall be responsible for such payment. Lessee shall cooperate
<br />fully in any such activities at the request of Lessor, including allowing Lessor and Lessor's agents to have reasonable access to the
<br />Premises at reasonable times in order to carry out Lessor's investigative and remedial responsibilities.
<br />(g) Lessor Termination Option. If a IIazardous Substance Condition (see Paragraph 9.1(e)) occurs during the term of
<br />this Lease, unless Lessee is legally responsible therefor (in which case Lessee shall make the investigation and remediation thereof"
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