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casualty insurance shall belong to Lessee. In such event, Lessee, at its sole cost and expense,
<br /> shall cause the repairs and renovations to be made in a good and workmanlike mamler, without
<br /> unreasonably delay, and in compliance with all applicable governmental laws and regulations
<br /> and the Approved Plans. If Lessee determines not to make the necessary repairs or renovations,
<br /> then this Lease shall terminate and Lessee, at Lessor's option, shall cause the Premises to be
<br /> restored to a condition reasonably approximating that existing at the Effective Date and any
<br /> proceeds from fire or other casualty insurance, less payment for any permitted indebtedness
<br /> thereon, payment to Lessee for its personal property and Leasehold Improvements located on the
<br /> Premises and any payment necessary to restore the Premises, shall belong to Lessor. Lessee's
<br /> determination concerning repair as stated in this Section shall be given to Lessor in writing
<br /> within ninety (90) days of the fire or casualty causing the damage.
<br /> 14. Hazardous Materials.
<br /> 14.1 Definitions. For purposes of this Lease: (i) "Hazardous Material" or "Hazardous
<br /> Materials" means and includes, without limitation, (a) solid or hazardous waste, as defined in the
<br /> Resource Conservation and Recovery Act of 1980, or in any applicable state or local law or
<br /> regulation, (b) hazardous substances, as defined in the Comprehensive Environmental Response
<br /> Compensation and Liability Act of 1980 ("CERCLA"), or in any applicable state or local law or
<br /> regulation, (c) gasoline, or any other petroleum product or by-product, (d) toxic substances, or
<br /> rodenticides, as defined in the Federal Insecticide, Fungicide, and Rodenticide Act of 1975, or in
<br /> any applicable state or local law or regulation, as each such Act, statute, or regulation may be
<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 /> "Envirommental 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 /> 14.2 Lessor Not Liable for Hazardous Materials. Lessor shall not be responsible for
<br /> any damage, loss or expense resulting from the existence on the Premises of any Hazardous
<br /> Material generated, stored, disposed of or transported to or over the Premises. Lessor makes no
<br /> representations regarding any environmental hazard on the Premises. The Premises are leased on
<br /> an `as-is'/where-is basis.
<br /> 14.3 Lessee's Obli atg ions. Lessee shall give Lessor immediate written notice of any
<br /> problem, Release, threatened Release or discovery of any Hazardous Materials on or about the
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