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DocuSign Envelope ID: 2F824D49-F88D-4ED1-B861-25C6564470E2
<br />EXECUTION COPY
<br />ARTICLE 5.
<br />HAZARDOUS SUBSTANCES
<br />5.1 Definitions. For the purpose of administering this Article, the following terms shall
<br />have the meaning as set forth below:
<br />(a) Environmental Agency means a governmental agency at any level of
<br />government having jurisdiction over Hazardous Substances and Hazardous Substances Laws and
<br />the term as used herein shall also include a court of competent jurisdiction when used as a forum
<br />for enforcement or interpretation of Hazardous Substances Laws.
<br />(b) Hazardous Substances means any hazardous or toxic substances, materials
<br />or wastes, including, but not limited to those substances, materials and wastes listed in the United
<br />States Department of Transportation Hazardous Materials Table, 49 CFR 172.101 or by the
<br />Environmental Protection Agency as hazardous substances, 40 CFR Part 302, as now in effect or
<br />as same may be amended from time to time, or such substances, materials and wastes which now
<br />or hereafter become regulated under any applicable local, state or federal law, including, without
<br />limitation, any material, waste or substance which is (i) petroleum, (ii) asbestos, (iii) polychlorinated
<br />byphenyls, (iv) radon, (v) any substance designated as a "hazardous substance" pursuant to Sec. 311 of the
<br />Clean Water Act, 33 U.S.C. Sec. 1251, et seq. or listed pursuant to Sec. 307 of the Clean Water Act, 33
<br />U.S.C. Sec. 1317, (vi) defined as "hazardous waste" pursuant to Sec. 1004 of the Resource Conservation
<br />and Recovery Act, 42 U.S.C. Sec. 6901, et seq., (vii) defined as a "hazardous substance pursuant to Sec.
<br />101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Sec. 9601,
<br />et seq., or (viii) designated as a "hazardous substance" as defined in Chapter 403, Part IV, Florida Statutes,
<br />or (ix) any other similar federal, state or local regulations.
<br />(c) Hazardous Substances Laws means all local, state and federal laws,
<br />ordinances, statutes, rules, regulation and orders as same may now exist or may from time to time
<br />be amended, relating to industrial hygiene, environmental protection and/or regulation, or the use,
<br />analysis, generation, manufacture, storage, disposal or transportation of Hazardous Substances.
<br />5.2 LESSOR'S Consent Required. After the Effective Date no Hazardous Substances
<br />shall be brought upon or kept or used in or about the Leased Premises by any person whomsoever,
<br />unless LESSEE first obtains written consent from the LESSOR'S Contract Administrator.
<br />Nothing herein shall prohibit the use of gas powered automobiles, painting and decorating
<br />products normally used to paint or decorate a structure or products used to clean the Leased
<br />Premises.
<br />5.3 Compliance With Hazardous Substances Laws. During the Lease Term, and
<br />with respect to Hazardous Substances brought onto the Leased Premises by any person
<br />whomsoever other than LESSOR, its agents, employees, contractors, or licensees, LESSEE shall
<br />have the absolute responsibility to ensure that the Leased Premises are used at all times and all
<br />operations or activities conducted thereupon are in compliance with all Hazardous Substances
<br />Laws. With respect to Hazardous Substances brought on to the Leased Premises during the Lease
<br />Term by any person whomsoever, other than LESSOR, its agents, employees, contractors, or
<br />licensees, LESSEE shall be absolutely liable to LESSOR for any violation of Hazardous
<br />Substances Laws. Notwithstanding anything in this Section or Lease to the contrary, LESSOR
<br />expressly acknowledges and agrees that LESSEE shall have no liability to LESSOR, or any party
<br />claiming through or on behalf of LESSOR, for any losses, damages, liabilities, costs, expenses,
<br />actions, penalties, or fines caused by or resulting from the presence on, or contamination of, any
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