|
<br />Improvements and retail facilities in a clean, neat and sanitary condition. The Landlord shall not
<br />be required to maintain, repair or rebuild, or to make any alterations, replacements or renewals of
<br />any nature or description to the Improvements or any part thereof, whether ordinary or
<br />extraordinary, structural or non-structural, foreseen or unforeseen. The Tenant hereby expressly
<br />waives any right to make repairs at the expense of the Landlord.
<br />
<br />ARTICLE X
<br />Compliance with Law; Environmental Matters
<br />
<br />Section 1. Compliance. Tenant shall at its sole cost and expense comply with all laws,
<br />statutes, ordinances, regulations, building codes and regulations and the orders, judgments, rules,
<br />regulations and requirements of all federal, state, local and municipal governments, and the
<br />agencies, officers, departments, boards, commissions and courts thereof, whether now or
<br />hereafter in effect, which are or later become applicable to the Land or any part thereof or to the
<br />use or manner of use of all or any part of the Land (collectively, the "Legal Requirements"),
<br />provided that nothing contained herein or in any other provision of this Lease shall prevent
<br />Tenant from contesting such Legal Requirements to the full extent permitted by law. Tenant
<br />shall comply with the requirements of all policies of public liability, fire and other insurance at
<br />any time in force with respect to the Land or the Improvements.
<br />
<br />Section 2. Responsibility. During the term of this lease, Tenant shall not dispose or
<br />knowingly permit the storage (except for the storage of cleaning, maintenance and other similar
<br />supplies and materials in accordance with all Legal Requirements), disposal, escape or discharge
<br />of any Hazardous Materials on, in or about the Land. In the event that Tenant, its agents,
<br />employees or contractors, cause any Hazardous Materials to contaminate any portion of the
<br />Land, Tenant shall comply with any and all Legal Requirements relative to such Hazardous
<br />Materials, and that, in connection with the foregoing, if any clean-up or removal of such
<br />Hazardous Materials or any other remedial action is required, Tenant shall cause the same to be
<br />performed without expense to Landlord. Tenant shall indemnify and hold Landlord harmless
<br />from any and all Claims arising out of in any way connected with the presence of any Hazardous
<br />Materials on the Land or any other portions of the Land caused by the acts or omission of
<br />Tenant, its agents, employees, contractors, licensees or concessionaires or any tenant of the
<br />Improvements. The indemnity obligations set forth herein shall survive the expiration or earlier
<br />termination of this Lease.
<br />
<br />Section 3. Hazardous Materials. For the purposes of this Section, Hazardous Materials shall
<br />include but not be limited to, substances defined, as "hazardous substances", "hazardous
<br />materials" or "toxic substances" in the Comprehensive Environmental Response, Compensation
<br />and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et. seq.; the Hazardous Materials
<br />Transportation Act, as amended, 49 U.S.c. Section 1801 et. seq.; the Resource Conservation and
<br />Recovery Act, as amended 42 U.S.C. Section 6901 et. seq. and any applicable state laws; and the
<br />regulations adopted and publications promulgated pursuant to said laws.
<br />
<br />16
<br />
|