Reso 2010-1658 - Laserfiche WebLink

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Materials, and that, in connection with the foregoing, if any clean-up or removal of such Hazardous Materials or any other remedial action is required, Tenant shall cause the same to be performed without expense to Landlord. Tenant shall indemnify and hold Landlord harmless from any and all Claims arising out of in any way connected with the presence of any Hazardous Materials on the Land or any other portions of the Land caused by the acts or omission of Tenant, its agents, employees, contractors, licensees or concessionaires or any tenant of the Improvements. The indemnity obligations set forth herein shall survive the expiration or earlier termination of this Lease. Section 3. Hazardous Materials. For the purposes of this Section, Hazardous Materials shall include but not be limited to, substances defined, as "hazardous substances", "hazardous materials" or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et. seq.; the Hazardous Materials Transportation Act, as amended, 49 U.S.C. Section 1801 et. seq.; the Resource Conservation and Recovery Act, as amended 42 U.S.C. Section 6901 et. seq. and any applicable state laws; and the regulations adopted and publications promulgated pursuant to said laws. ARTICLE XI Liens Section I. Liens. Tenant shall not permit any mechanic's lien to be filed against the Land or any part thereof by reason of work, labor, services, or materials performed or 'supplied or claimed to have been performed or supplied to Tenant or anyone holding the Land or the Improvements or any part thereof through or under Tenant. The Memorandum of Lease (as hereinafter defined) shall contain the appropriate clause under Chapter 713 of the Florida Statutes notifying third parties that they may not impose a lien on the Landlord's interest in the Land for labor, services or materials furnished to, or at the request of, Tenant and any such liens are hereby prohibited. If, notwithstanding said notice, any third party files a mechanic's lien purportedly against the Landlord's estate for or on account of labor, services or materials provided to or at the request of Tenant, Tenant shall dispose of the claim and ensuing litigation as Tenant deems appropriate at Tenant's expense, provided that if such party commences a foreclosure action with respect to such lien, Tenant shall transfer the lien to security as provided by Florida law or otherwise bond or cause the same to be discharged of record within thirty (30) days thereafter to prevent the foreclosure of Landlord's estate. Tenant shall keep Landlord apprised of the status of the resolution of any such claim of lien and litigation. ARTICLE XII Al terati ons/Reconstructi on Section 1. Alterations. In the event the Aquatic Entertainment Complex is damaged by fire or other casualty and the Tenant is obligated to, or elects to, reconstruct the same under the provisions of Article XII below, before commencing any such demolition and/or construction, Tenant shall submit to Landlord a copy of the plans and specifications for such new 19 U:\City Altorney\HANS\20 I 0 Documents\4m Investors\GROUND LEASE WORKING DRAFT 11.16.1 O.doc