Orange County NC Website
11 <br />EA'VIItONMENTAL LAWS <br />24. (a) Tenant covenants that with respect to any Hazardous Materials (as defined below) it will comply with any and all federal, state <br />or local laws, ordinances, rules, decrees, orders, regulations or court decisions relating to hazardous substances, hazardous materials, <br />hazardous waste, toxic substances, environmental conditions on, under or about the Premises or the Properly or soil and ground water <br />conditions, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the <br />Resource Conservation and Recovery Act, the Hazardous Materials Transportation Act, any other legal requirement concerning <br />hazardous or toxic substances, and any amendments to the foregoing (collectively, all such matters being. "Hazazdous Materials <br />Requirements"). Tenant shall remove all Hazardous Materials from the Premises, that were placed on the Premises by Tenant or <br />Tenant's employees, agents, invitees or contractors, either after their use by Tenant or upon the expiration or earlier termination of this <br />Lease, in compliance with all Hazardous Materials Requirements. <br />(b) Tenant shall be responsible for obtaining all necessary permits in connection with its use, storage and disposal of <br />Hazardous Materials, and shall develop and maintain, and where necessary file with the appropriate authorities, all reports, receipts, <br />manifest, filings, lists and invoices covering those Hazardous Materials and Tenant shall provide Landlord with copies of all such <br />items upon request. Tenant shall provide within five (5) days after receipt thereof, copies of all notices, orders, claims or other <br />correspondence from any federal, state or local government or agency alleging any violation of any Hazardous Materials <br />Requirements by Tenant, or related in any manner to Hazardous Materials. In addition, Tenant shall provide Landlord with copies of <br />all responses to such correspondence at the time of the response. <br />(c) Tenant hereby indemnifies and holds harmless Landlord, its successors and assigns from and against any and all losses, liabilities, <br />damages, injuries, penalties, fines, costs, expenses and claims of any and every kind whatsoever (including attorney's fees and costs) <br />paid, incurred or suffered by, or asserted against Landlord as a result of any claim, demand or judicial or administrative action by any <br />person or entity (including governmental or private entities) as a direct result of the presence on or under or the escape, seepage, <br />leakage, spillage, dischazge, emission or release from the Premises or the Property of any Hazardous Materials caused by Tenant or <br />Tenant's employees, agents, or contractors. This indemnity shall also apply to any release of Hazardous Materials caused by a fire or <br />other casualty to the Premises if such Hazazdous Materials were stored on the Premises or the Property by Tenant, its agents, <br />employees, or successors in interest. <br />(d) For purposes of this Lease, "Hazardous Materials" means any chemical, compound, material, substance or other matter that: (i) is <br />defined as a hazardous substance, hazardous material or waste, or toxic substance pursuant to any Hazardous Materials Requirements, <br />(ii) is regulated, controlled or governed by any Hazardous Materials Requirements, (iii) is petroleum or a petroleum product, or (iv) is <br />asbestos, formaldehyde, a radioactive material, drug, bacteria, virus, or other injurious or potentially injurious material (by itself or in <br />combination with other materials). <br />(e) The warranties and indemnities contained in this paragraph 24 shall survive the termination of this Lease. <br />SUBORDINATION; ATTORNMENT; ESTOPPEL <br />25. (a) This Lease and all of Tenant's rights hereunder aze and shall be subject and subordinate to all currently existing and future <br />mortgages affecting the Premises. Within ten (10) days after the receipt of a written request from Landlord or any Landlord <br />mortgagee, Tenant shall confirm such subordination by executing and delivering Landlord and Landlord's mortgagee a recordable <br />subordination agreement and such other documents as maybe reasonably requested, in form and content satisfactory to Landlord and <br />Landlord's mortgagee. Provided, however, as a condition to Tenant's obligation to execute and deliver any such subordination <br />agreement, the applicable mortgagee must agree that mortgagee shall not unilaterally, materially alter this Lease and this Lease shall <br />not be divested by foreclosure or other default proceedings thereunder so long as Tenant shall not be in default under the terms of this <br />Lease beyond any applicable cure period set forth herein. Tenant acknowledges that any Landlord mortgagee has the right to <br />subordinate at any time its interest in this Lease and the leasehold estate to that of Tenant, without Tenant's consent. <br />(b) If Landlord sells, transfers, or conveys its interest in the Premises or this Lease, or if the same is foreclosed judicially or <br />nonjudicially, or otherwise acquired, by a Landlord mortgagee, upon the request of Landlord or Landlord's successor, Tenant shall <br />attom to said successor, provided said successor accepts the Premises subject to this Lease. Tenant shall, upon the request of Landlord <br />or Landlord's successor, execute an attornment agreement confirming the same, in form and substance acceptable to Landlord or <br />Landlord's successor and Landlord shall thereupon be released and discharged from all its covenants and obligations under this Lease, <br />except those obligations that have accrued prior to such sale, transfer or conveyance; and Tenant agrees to look solely to the successor <br />