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actual cost and expense incurred by LESSEE shall immediately be owing by LESSOR to
<br /> LESSEE, and LESSOR shall pay to LESSEE upon demand the full undisputed amount thereof
<br /> with interest thereon from the date of payment at the greater of(i) ten percent (10%) per annum,
<br /> or(ii) the highest rate permitted by applicable Laws. Notwithstanding the foregoing, if LESSOR
<br /> does not pay LESSEE the full undisputed amount within thirty (30) days of its receipt of an
<br /> invoice setting forth the amount due from LESSOR, LESSEE may offset the full undisputed
<br /> amount, including all accrued interest, due against all fees due and owing to LESSOR until the
<br /> full undisputed amount, including all accrued interest, is fully reimbursed to LESSEE.
<br /> 28. ENVIRONMENTAL.
<br /> a. LESSOR will be responsible for all obligations of compliance with any
<br /> and all environmental and industrial hygiene laws, including any regulations, guidelines,
<br /> standards, or policies of any governmental authorities regulating or imposing standards of
<br /> liability or standards of conduct with regard to any environmental or industrial hygiene
<br /> conditions or concerns as may now or at any time hereafter be in effect, that are or were in any
<br /> way related to activity now conducted in, on, or in any way related to the Property, unless such
<br /> conditions or concerns are caused by the specific activities of LESSEE in the Premises.
<br /> b. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and
<br /> assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties,
<br /> responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or
<br /> damages) and for responding to any action, notice, claim, order, summons, citation, directive,
<br /> litigation, investigation or proceeding which is in any way related to: a) failure to comply with
<br /> any environmental or industrial hygiene law, including without limitation any regulations,
<br /> guidelines, standards, or policies of any governmental authorities regulating or imposing
<br /> standards of liability or standards of conduct with regard to any environmental or industrial
<br /> hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such non-
<br /> compliance results from conditions caused by LESSEE; and b) any environmental or industrial
<br /> hygiene conditions arising out of or in any way related to the condition of the Property or
<br /> activities conducted thereon, unless such environmental conditions are caused by LESSEE.
<br /> 29. CASUALTY. In the event of damage by fire or other casualty to the Premises that
<br /> cannot reasonably be expected to be repaired within forty-five (45) days following same or, if
<br /> the Property is damaged by fire or other casualty so that such damage may reasonably be
<br /> expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days, then
<br /> LESSEE may, at any time following such fire or other casualty, provided LESSOR has not
<br /> completed the restoration required to permit LESSEE to resume its operation at the Premises,
<br /> terminate this Agreement upon fifteen (15) days prior written notice to LESSOR. Any such
<br /> notice of termination shall cause this Agreement to expire with the same force and effect as
<br /> though the date set forth in such notice were the date originally set as the expiration date of this
<br /> Agreement and the Parties shall make an appropriate adjustment, as of such termination date,
<br /> with respect to payments due to the other under this Agreement. Notwithstanding the foregoing,
<br /> the rent shall abate during the period of repair following such fire or other casualty in proportion
<br /> to the degree to which LESSEE's use of the Premises is impaired.
<br /> Meadowlark Park
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