|
29
<br /> 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 (i) 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 30 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 (i) 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 />
|