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4. Paragraph 5, Maintenance, is modified to include the following at the end of the existing
<br />paragraph:
<br />Lessee shall not occupy, use, permit, or suffer the Leased Property or any part thereof to
<br />be occupied or used (i) for any illegal business use or purpose, (ii) for the manufacture or
<br />storage of flammable, explosive, hazardous material, or regulated substances of any
<br />kind, (iii) for any other hazardous activity, (iv) in such manner as to constitute a nuisance
<br />or risk of any kind, nor (v) for any purpose or in any way in violation of any present or
<br />future federal, state, or local laws, orders, directions, ordinances, or regulations. Any
<br />structures, buildings, facilities, or appliances which utilize combustible materials
<br />(including, but not limited to, wood, wood fiber, plastic, etc.) that may be fire hazards are
<br />also prohibited.
<br />Any activities in any way involving hazardous materials or substances of any kind
<br />whatsoever, either as those terms may be defined under any state or federal laws or
<br />regulations, or as those terms are understood in common usage, are specifically
<br />prohibited. The use of petroleum products, pollutants, and other hazardous materials
<br />affecting the Leased Property is prohibited. If Lessee becomes aware of the existence of
<br />any potentially hazardous materials, substances, or activities under the bridge structure,
<br />Lessee shall immediately notify Lessor. Lessee shall be held responsible, at Lessee's
<br />sole cost and expense, for any property damage or personal injury resulting from
<br />hazardous materials, substances, or activities and for the performance of and payment
<br />for any repair, replacement, or other remediation that may be necessary, as determined
<br />by the Department. Similarly, if any contamination either spread to or was released onto
<br />adjoining property as a result of Lessee's use of the Leased Property under the Lease,
<br />the Lessee shall be held similarly responsible. The Lessee shall indemnify, defend, and
<br />hold harmless the Department from any claim, loss, damage, cost, charge, or expense
<br />arising out of any such hazardous materials, substances, or activities referenced herein.
<br />5. Except as modified in this Amendment, all other terms and conditions of the Lease
<br />remain unchanged and are hereby confirmed and ratified by the Lessee and the Lessor.
<br />Where the terms of this Amendment conflict with the definitions, provisions or terms of
<br />the Lease, this Amendment shall control.
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