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
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