10
<br /> amended from time to time; (ii) "Release" shall have the meaning given such term, in
<br /> Environmental Laws, including, without limitation, CERCLA; and (iii) "Environmental Law" or
<br /> "Environmental Laws" shall mean "Super Fund" or "Super Lien" law or any other federal, state,
<br /> or local statute, law, ordinance, or code, regulating, relating to or imposing liability or standards
<br /> of conduct concerning any Hazardous Materials as may now or at any time hereafter be legally in
<br /> effect, including, without limitation, the following, as same may be amended or replaced from
<br /> time to time, and all regulations promulgated and officially adopted thereunder or in connection
<br /> therewith: Super Fund Amendments and Reauthorization Act of 1986 ("SARA"); the
<br /> Comprehensive Environmental Response, Compensation and Liability Act of 1980
<br /> ("CERCLA"); The Clean Air Act ("CAA"); the Clean Water Act ("CWA"); the Toxic Substance
<br /> Control Act ("TSCA"); the Solid Waste Disposal Act ("SWDA"), as amended by the Resource
<br /> Conservation and Recovery Act ("RCRA"); the Hazardous Waste Management System; and the
<br /> Occupational Safety and Health Act of 1970 ("OSHA"). All obligations and liabilities arising
<br /> under this Section 14 which arise out of events or actions occurring prior to the expiration or
<br /> termination of this Lease shall survive the assignment of this Lease and the expiration,
<br /> termination, cancellation or release of record of this Lease.
<br /> 11.2 Lessee Not Liable for Hazardous Materials. Lessee shall not be responsible for
<br /> any damage, loss, or expense resulting from the prior existence on the Premises of any
<br /> Hazardous Material. Lessee shall be responsible for any damage, loss, or expense resulting from
<br /> the existence on the Premises of any Hazardous Material generated, stored, disposed of or
<br /> transported to or over the Premises resulting from Lessee's improvements made to the Premises.
<br /> 11.3 Lessee's Obligations. Lessee shall give Lessor immediate written notice of any
<br /> problem, Release, threatened Release or discovery of any Hazardous Materials on or about the
<br /> Premises or claim thereof. If such problem, Release, threatened Release or discovery was caused
<br /> by Lessee, its employees, agents, contractors, invitees or licensees, this notice shall include a
<br /> description of measures taken or proposed to be taken by Lessee to contain and/or remediate the
<br /> Release of Hazardous Materials and any resultant damage to or impact on property, persons
<br /> and/or the environment (which term includes, without limitation, soil, surface water or
<br /> groundwater) on, under or about the Premises. In the event of a Release caused solely by Lessee
<br /> and at Lessee's own expense, Lessee shall promptly take all steps necessary to clean up or
<br /> remediate any Release of Hazardous Materials, comply with all Environmental Laws and
<br /> otherwise report and/or coordinate with Lessor and all appropriate governmental agencies.
<br /> 11.4 Liability. To the extent allowed by North Carolina law Lessor agrees to save
<br /> Lessee harmless from and against any and all liens, demands, defenses, suits, proceedings,
<br /> disbursements, liabilities, losses, litigation, damages, judgments, obligations, penalties, injuries,
<br /> costs, expense (including, without limitation, attorneys' and experts' fees) and claims of any and
<br /> every kind of whatsoever paid, incurred, suffered by, or asserted against Lessee with respect to,
<br /> or as a direct or indirect result of the violation of any Environmental Laws applicable to the
<br /> Premises, to the extent that such violation is caused by the activities of Lessor or any predecessor
<br /> in interest to Lessor. To the extent allowed by North Carolina law Lessee agrees to save Lessor
<br /> harmless from and against any and all liens, demands, defenses, suits, proceedings,
<br /> disbursements, liabilities, losses, litigation, damages, judgments, obligations, penalties, injuries,
<br /> costs, expense (including, without limitation, attorneys' and experts' fees) and claims of any and
<br />
|