|
_ � 9
<br /> has investigated the zoning classification, other rules, ordinances, and regulations
<br /> promulgat ed
<br /> by Public authority,and has satisfied itself that its intended use of the Premises is not in violation
<br /> thereof.
<br /> 6.04. Aftmilam TENANT shall not make or suffer to be made any alterations,additions
<br /> or improvements to or of the Premises or any part thereof, without the prior written consent of
<br /> LANDLORD. Any afterations, additions, or improvements, except inventory and trade fixtures,
<br /> shall become Part of the really and shall belong to the LANDLORD. In the event the LANDLORD
<br /> consents to the making of any alterations or improvements to the Premises,the same shall be
<br /> made by TENANT at TENANTS sole cost and expense and any contactor or person selected
<br /> by TENANT to make the same must first be approved by LANDLORD in writing. All such
<br /> alterations, additions and improvements and arry removal, restoration, or repairs made to the
<br /> Premises shall be completed in good workmanlike manner with materials and labor in kind and
<br /> quality similar to that originally in the Premises and shall be free and dear of all liens for labor,
<br /> taxes or materials. Upon demand,TENANT shall provide LANDLORD with such waivers of lien
<br /> and other documents as LANDLORD may reasonably require to ascertain the provisions of this
<br /> Article have been complied with.
<br /> 6.05. ElM irormenlal Il nanv Tenant shall not cause or permit any hazardous materials
<br /> (as defined below)to be brought upon, kept or used in or about the Premises or the shopping
<br /> center in which the Premises are located without Landlord's prior written consent,which consent
<br /> may be withheld in Landlord's sole discretion. Landlord hereby consents to Tenant's bringing
<br /> upon,keeping and using at the Premises(1) materials constituting inventory for resale,provided
<br /> that Tenant does not repackage such materials at the Premises in a manner that creates a
<br /> potential for a spill, leak or other release, and(2) comrrronly used products or supplies as may
<br /> be necessary for the cleaning or maintenance of the Premises or equipment, fixtures or
<br /> furnishings looted at the Premises. In consideration of the foregoing consent and any other
<br /> specific consent that Landlord may grant pursuant to this paragraph, Tenant shall be obligated
<br /> to maintain full compliance at all times, with respect to all hazardous materials to which such
<br /> consents relate, with any and all applicable ermron mental control, anti-pollution,or health and
<br /> safety statutes,laws and regulations,inducting,but not limited to,the Resource,Conservation and
<br /> Recovery Act,42 U.S.C.§6901,et seq.("RCLA');the Comprehensive E nvironnnenal Response
<br /> Compensation and Liability Act of 1980,as amended,42 U.S.C.§9601,et seq.f'CERCLA');the
<br /> Hazardous Materials Transportation act, 49 U.S.C. §801, et seq.; the Federal Water Pollution
<br /> Control Act, 33 U.S.C. § 1321, et seq.;the Toxic Substances Control Act, 15 U.S.C. §2601 et
<br /> seq. ('TSCNT and the Oaxrpational Safety and Health Act, 29 U.S.C. § 651 et seq. In the
<br /> even of the breach of the obligations contained in this paragraph by Tenant, or I the presence
<br /> of hazardous materials on or about the shopping center caused or permitted by Tenant results
<br /> in contamination of the Premises, the shopping center or surrounding area, Tenant shall
<br /> indemnify, defend and hold Landlord harmless from any and all dam,judgments, damages,
<br /> penalties,fines,costs,liabilities or losses arising in connection with such breach or contamination,
<br /> (including,without limitation)diminution in value of the Premises and/or shopping center and all
<br /> improvements thereon, damages for the loss or restriction on the use of rentable or useable
<br /> space or any amenities of the Premises and/or shopping enter,and reasonable attorneys'fees,
<br /> consultant fees,and expert fees. As used herein the term"hazardous materials"rmeans any and
<br /> all materials and substances which have been determined or are subsequently determined to be
<br /> harmful to human health or the environment, including but not limited to(1) "hazardous wastes"
<br /> as defined under RCRA or any other federal, state or local taw or regulation, (2) "hazardous
<br /> substances"as defined under CERCLA or any adw federal,state or local law or regulation,(3)
<br /> gasoline, petroleum, or other hydrocarbon products, by-prodr.rcts, derivatives, or fractions
<br /> (including spent products), (4) "toxic substances" as defined under TSCA, (5) "regulated
<br /> medical waste" as defined by 40 C.F.R. § 259.30, and (6) any radioac M materials or
<br /> substances.
<br /> ARTICLE VII
<br /> CONSM AREAS
<br /> 7.01. Use of Ccrmmm AM Subject to regulations as established from time to time by
<br /> LANDLORD, TEIIW U in common with other tenants of LANDLORD and any designee of
<br /> LANDLORD, shall have the nonexclusive right of use of the Common Areas of the Shopping
<br /> Center. TENANT, its subtenants, successors and assigns shall riot solicit business or display
<br /> merchandise in any of the Common Areas or distribute hand bills or any other advertising matter
<br /> therein. LANDLORD shall have at all times exclusive right to control and manage the Common
<br /> Areas and without limitation of LANDLORD'S rights,LANDLORD may alter,remodel,change or
<br /> dose all or arty portion of the Common Areas, inducing the parking areas to such an extent as
<br /> 7
<br />
|