2002 - 05-20-02 Regular Meeting - Laserfiche WebLink

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Y G .i 9 G:,O,S 18 PdCF $651 contamination is caused by the act or omission of Tenant or Tenant's Representatives ("Tenant Contamination"), at Tenant's sole cost and expense, shall promptly and diligently remove such Hazardous Materials from the Premises or the property or the groundwater underlying the Premises in accordance with the requirements of the applicable Hazardous Materials Laws and industry standards then prevailing in the Hazardous Materials management and remediation industry in the state in which the Premises are located. Tenant shall not take any required remedial action in response to any Tenant's Contamination in or about the Premises or enter into any settlement agreement, consent decree, or other compromise in respect to any claims relating to any Tenant's Contamination without first notifying Landlord of Tenant's intention to do so and affording Landlord the opportunity to appear, intervene or otherwise appropriately assert and protect Landlord's interest with respect thereto. In addition to all other rights and remedies of the Landlord hereunder, if Tenant does not promptly and diligently take all steps to prepare and obtain all necessary approvals of a remediation plan for any Tenant's Contamination, and thereafter commence to require remediation of any Hazardous Materials released or discharged in connection with Tenant's Contamination within thirty (30) days after Landlord has reasonably approved Tenant's remediation plan and all necessary approvals and consents have been obtained and thereafter continue to prosecute said remediation to completion in accordance with said approved remediation plan, then Landlord, at its sole discretion, shall have the right, but not the obligation, to cause said remediation to be accomplished, and Tenant shall reimburse Landlord within fifteen (15) business days of Landlord's demand for reimbursement of all amounts reasonably paid by Landlord (together with interest on said amounts at the highest lawful rate until paid), when said demand is accompanied by proof of payment by Landlord of the amounts demanded. Tenant shall promptly deliver to Landlord copies of hazardous waste manifests reflecting the legal and proper disposal of all Hazardous Materials removed from the Premises as part of Tenant's remediation of any Tenant's Contamination. iii) Disposition of Hazardous Materials. Except as discharged into the sanitary sewer or otherwise removed from the Premises in strict accordance and conformity with all applicable Hazardous Materials Laws, Tenant shalt cause any and all Hazardous Materials removed from the Premises as part of the required remediation of Tenant's Contamination to be removed and transported solely by duly licensed haulers to duly licensed facilities for final disposition of such materials and waste. (d) Notice of Hazardous Material Matters. Each party hereto (for purposes of this Paragraph "Notifying Party") shall immediately notify the other party (for the purposes of this Paragraph "Notice Recipient") in writing of: (i) any enforcement, clean-up, removal or governmental or regulatory action instituted, contemplated or threatened concerning the Premises pursuant to any Hazardous Materials 6