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<br /> of approval by Landlord, Tenant covenants that it will (i) comply with all requirements of any
<br /> constituted public authority and all federal, state, and local codes, statutes, ordinances, rules and
<br /> regulations, and laws, whether now in force or hereafter adopted, relating to Tenant's use of the
<br /> Premises, or relating to the storage, use, disposal, processing, distribution, shipping or sales of
<br /> any hazardous, flammable, toxic, or dangerous materials, waste or substance, the presence of
<br /> which is regulated by a federal, state, or local law,ruling,rule or regulation(hereafter collectively
<br /> referred to as "Hazardous Materials"); (ii) comply with any reasonable recommendations by the
<br /> insurance carrier of either Landlord or Tenant relating to the use of such Hazardous Materials by
<br /> Tenant on the Premises or in the Building; (iii) refrain from unlawfully disposing of or allowing
<br /> the disposal of any Hazardous Materials upon, within, about or under the Premises or the
<br /> Building; and (iv) remove all Hazardous Materials from the Premises and the Building, either
<br /> after their use by Tenant or upon the expiration or any earlier termination of the Term, in
<br /> compliance with all applicable laws.
<br /> (b) Tenant shall be responsible for obtaining all necessary permits in connection with its
<br /> use, storage and disposal of Hazardous Materials, and shall develop and maintain, and where
<br /> necessary file with the appropriate authorities, all reports, receipts, manifest, filings, lists and
<br /> invoices covering those Hazardous Materials and Tenant shall provide Landlord with copies of all
<br /> such items upon request. Tenant shall provide within five (5) days after receipt thereof, copies of
<br /> all notices, orders, claims or other correspondence from any federal, state or local government or
<br /> agency alleging any violation of any environmental law or regulation by Tenant, or related in any
<br /> manner to Hazardous Materials. In addition, Tenant shall provide Landlord with copies of all
<br /> responses to such correspondence at the time of the response.
<br /> (c) Tenant hereby indemnifies and holds harmless Landlord, its successors and assigns
<br /> from and against any and all losses, liabilities, damages, injuries,penalties, fines, costs, expenses
<br /> and claims of any and every kind whatsoever (including attorney's fees and costs, expenses or
<br /> claims asserted or arising under the Comprehensive Environmental Response, Compensation and
<br /> Liability Act of 1980, as amended, from time to time, and regulations promulgated thereunder,
<br /> any so-called state or local "Superfund" or "Superlien" law, or any other federal, state or local
<br /> statute, law or ordinance, code, rule, regulation, order or decree regulating, relating to, or
<br /> imposing liability or standards of conduct concerning any Hazardous Materials)paid, incurred or
<br /> suffered by, or asserted against, Landlord as a result of any claim, demand or judicial or
<br /> administrative action by any person or entity(including governmental or private entities)for,with
<br /> respect to, or as a direct or indirect result of, the presence on or under or the escape, seepage,
<br /> leakage, spillage, discharge, emission or release from, the Premises or the Building, of any
<br /> Hazardous Materials caused by Tenant or Tenant's agents, employees, invitees or successors in
<br /> interest. This indemnity shall also apply to any release of Hazardous Materials caused by a fire or
<br /> other casualty to the Premises or the Building if such Hazardous Materials were stored on the
<br /> Premises or the Building by Tenant, its agents, employees,invitees or successors in interest.
<br /> (d) If Tenant fails to comply with the covenants to be performed hereunder with respect
<br /> to Hazardous Materials, or if an environmental protection lien is filed against the Premises as a
<br /> result of the actions of Tenant, its principals, employees, agents or invitees, then the occurrence
<br /> of any such events shall be considered an Event of Default hereunder.
<br /> (e) Tenant will give Landlord prompt notice of any release of Hazardous Materials,
<br /> reportable or non-reportable, to federal, state or local authorities, of any fire, or any damage
<br /> occurring on or to the Premises.
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