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<br />7.6.4 Upon termination or repossession of the Leased Premises or an event default, Landlord shall not
<br />be obligated to relet or attempt to relet Leased Premises, or any portion thereof, or to collect rental
<br />after reletting, but Landlord shall have the option to relet or attempt to relet. In the event of
<br />reletting, Landlord may relet whole or any portion of the Leased Premises for any period, to any
<br />tenant and for any use or purpose.
<br />7.7 Landlord's Default. Landlord shall in no event be in default in the performance of any of Landlord's
<br />obligations hereunder unless and until Landlord shall have failed to perform such obligations within sixty
<br />(60) days (or such additional time as is reasonably required to correct any such default) after written notice
<br />by Tenant to Landlord properly specifying wherein Landlord has failed to perform any such obligation.
<br />Landlord shall have no liability for any incidental or consequential damages of Tenant, or anyone claiming
<br />by, through or under tenant, for any reason involving the leased premises. Liability for damages relating to
<br />Landlord's use of Tenant's property shall be governed by the separate use agreement.
<br />7.8 Interest of Landlord. This Lease and the interest of Landlord hereunder shall be prior, superior and
<br />paramount to the lien of any mortgage, or deed of trust which may now or hereafter affect the interest of
<br />Tenant in and to the Leased Premises, or any part thereof.
<br />ARTICLE VIII. MISCELLANEOUS.
<br />8.1 Environmental Matters.
<br />8.1.1 Tenant shall not cause or permit any Hazardous Material (as hereinafter defined) to be brought
<br />upon, kept, or used in or about the Leased Premises, or any Improvements by
<br />Tenant, its agents, employees, contractors, or invitees, except for such Hazardous Material as is
<br />necessary for the operation of Tenant's business.
<br />8.1.2 Any Hazardous Material permitted on the Leased Premises as provided in subparagraph (8.1.1)
<br />hereof and all containers therefor, shall be used, kept, stored, transported or disposed of in a
<br />manner that complies with all federal, state, and local laws and regulations applicable to such
<br />Hazardous Material.
<br />8.1.3 Tenant shall not discharge, spill, leak, emit, dispose of; or permit to be discharged, spilled, leaked,
<br />emitted, or disposed of any material on, at, or in the Leased Premises or the Improvements or into
<br />the atmosphere, ground, sewer system, or any body of water, if that material (including without
<br />limitation materials which may be so determined by any governmental authority or so designated
<br />by notice from the Landlord to the Tenant) does or may pollute or contaminate the same, or may
<br />adversely affect (i) the health, welfare, or safety of persons whether located in or at the Leased
<br />Premises, Improvements, or elsewhere, or (ii) the condition, use or enjoyment of the Leased
<br />Premises or any other real or personal property.
<br />8.1.4 At the commencement of each Leased Year, Tenant shall disclose to Landlord the names and
<br />approximate amounts of all Hazardous Material for which Tenant is required to file any city,
<br />county, state or federal reports that Tenant intends to use, keep store, transport, or dispose of (or
<br />allow any such activity) on the Leased Premises. In addition, Tenant shall disclose to Landlord
<br />the names and amounts of all such Hazardous Materials that were actually used, kept, stored,
<br />transported, or disposed of on the Leased Premises if those materials were not previously
<br />identified to Landlord.
<br />8.1.5 As used herein, the term "Hazardous Material" means (i) any "hazardous waste" as defined by the
<br />Resource Conservation and Recovery Act of 1976, as amended from time to time, and the
<br />regulations promulgated thereunder, (ii) any "hazardous substance" as defined by the
<br />Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended
<br />from time to time, and regulations promulgated thereunder; (iii) any material or substance
<br />regulated by the Toxic Substances Control Act as amended from time to time and regulations
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