2007 - 08-13-07 Regular Meeting - Laserfiche WebLink

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BOOK 21 PAGE i) Use. Tenant hereby agrees that Tenant and Tenant's officers, directors, employees, representatives, agents, contractors, subcontractors, successors, assigns, sublessees, concessionaires, invitees, and any other occupants of the Premises (for the purpose of this paragraph 7, referred to collectively herein as the "Tenant Representatives") shall not use, generate manufacture, refine, produce, process, store or dispose of, on, under, or about the Premises or transport to or from the Premises any Hazardous Materials, except in compliance with applicable Hazardous Materials Laws. Furthermore, Tenant shall at its own expense procure, maintain, and comply with all conditions of, any and all permits, licenses and other governmental and regulatory approvals required for the storage, use or disposal by Tenant or of any of Tenant's Representatives of Hazardous Materials on the Premises, including without limitation, discharge of (appropriately treated) materials or waste into or through any sanitary sewer serving the Premises. ii) Remediation. If at any time during the term, any contamination of the Premises by Hazardous Materials shall occur where such 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 5