Orange County NC Website
EXHIBIT E <br /> ENVIRONMENTAL COMPLIANCE <br /> Tenant ' s Responsibility . Tenant shall not (either with or without negligence) cause or permit <br /> the escape, disposal or release of any radioactive, biologically active or other hazardous substances or <br /> materials in or around the Building, the Property or in the Demised Premises . Tenant shall not allow the <br /> storage or use of such substances or materials in any manner not sanctioned by law or by the highest <br /> standards prevailing in the industry for the storage and use of such substances or materials , nor allow to <br /> be brought into the Building or upon the Property any such materials or substances except as used in the <br /> ordinary course of Tenant ' s business and then only after written notice is given to Landlord of the identity <br /> of such substances or materials . Tenant covenants and agrees that the Demised Premises will, at all times <br /> during its use or occupancy thereof, be kept or maintained so as to comply with all now existing or <br /> hereafter enacted or issued statutes , laws , rules, ordinances, orders , permits , and regulations of all state, <br /> federal , local, and other governmental and regulatory authorities , agencies , and bodies applicable to the <br /> Demised Premises , pertaining to environmental matters , or regulating, prohibiting or otherwise having to <br /> do with asbestos and all other toxic, radioactive, or hazardous wastes or material including, but not <br /> limited to the Federal Clean Air Act, the Federal Water Pollution Control Act, and the Comprehensive <br /> Environmental Response, Compensation, and Liability Act 1980 , as from time to time amended (all <br /> hereafter collectively called "Laws") . <br /> Tenant ' s Liability . Tenant shall hold Landlord, its managing agent and Mortgagee and their <br /> respective successors and assigns (collectively, the "Indemnified Parties") free, harmless, and, to the <br /> extent authorized by North Carolina law, indemnified from any penalty, fine, claim, demand, liability, <br /> cost, or charge whatsoever which the Indemnified Parties shall incur, or which the Indemnified Parties <br /> would otherwise incur, by reason of Tenant ' s failure to comply with this Exhibit E including, but not <br /> limited to (1 ) the cost of bringing the Demised Premises , the Building and/or Property into compliance <br /> with all Laws ; ( ii) the reasonable costs of all appropriate tests and examinations of the Demised Premises , <br /> the Building and the Property to confirm that the same have been brought into or are in compliance with <br /> all Laws ; and (iii) the reasonable fees and expenses of the Indemnified Parties ' attorneys , engineers, and <br /> consultants incurred by the Indemnified Parties in enforcing and confirming compliance with this exhibit <br /> E . <br /> Pro e . For the purposes of this Exhibit E , the Property includes all improvements thereon ; all <br /> personal property used in connection therewith (including that owned by Tenant and other tenants) ; and <br /> the soil, ground water, and surface water of the Property . <br /> Inspections by Landlord . Landlord and its engineers, technicians , and consultants (collectively <br /> the "Auditors") may, from time to time during regular business hours as Landlord deems appropriate , or <br /> otherwise upon advance notice to Tenant, conduct periodic tests and examinations ("Audits") of the <br /> Demised Premises to confirm and monitor Tenant' s compliance with this Exhibit E . The Audits shall be <br /> conducted in such a manner as to minimize the interference with Tenant ' s permitted activities on the <br /> Demised Premises ; however, in all cases , the Audits shall be of such nature and scope as shall be <br /> reasonably required by then existing technology to confirm Tenant ' s compliance with this Exhibit E . <br /> Tenant shall fully cooperate with Landlord and its Auditors in the conduct of such audits . The cost of the <br /> Audits shall be paid by Landlord unless such audit shall disclose a material failure of Tenant to comply <br /> with this exhibit E, in which case the cost of such audit, and the cost of all subsequent Audits made <br /> during the Term and within 3 0 days thereafter shall be paid for on demand by Tenant . <br /> Landlord ' s Responsibility . This Exhibit E shall not apply to any condition or matter <br /> constituting a violation of any Law (1) which existed prior to the commencement of Tenant' s use or <br /> occupancy of the Demised Premises and was not caused or permitted to be caused, in whole or in part, by <br /> OCAC Lease Page 27 <br />