|
manufacture, storage, handling, treatment, transportation or disposal of any Hazardous Materials.
<br />To Lessor's actual knowledge, no Hazardous Materials have been installed, used, stored,
<br />handled, or located on or beneath the Leased Premises, which Hazardous Materials, if found on
<br />or beneath the Leased Premises, or improperly disposed of away from the Leased Premises,
<br />would subject the owner or occupant of the Leased Premises to damages, penalties, liabilities or
<br />an obligation to perform any work, cleanup, removal, repair, construction, alteration, demolition,
<br />renovation or installation in or in connection with the Leased Premises ("Environmental
<br />Cleanup Work") in order to comply with any Legal Requirements applicable to Hazardous
<br />Materials. To Lessor's actual knowledge, there is no notice from any Governmental Authority or
<br />any Person, claiming any violation of any Legal Requirement pertaining to Hazardous Materials
<br />or any liability thereunder, or requiring or calling any attention to the need for any
<br />Environmental Cleanup Work on or in connection with the Leased Premises, and neither Lessor,
<br />its agents or employees has ever been informed of any threatened or proposed serving of any
<br />such notice of violation or corrective work order. To Lessor's actual knowledge, no part of the
<br />Leased Premises is affected by any "Hazardous Materials Contamination," which for
<br />purposes hereof, shall mean (i) the contamination of any improvement, facilities, soil, subsurface
<br />strata, ground water, ambient air, biota or other elements on or of the Leased Premises by
<br />Hazardous Materials, or (ii) the contamination of the buildings, facilities, soil, subsurface strata,
<br />ground water, ambient air, biota or other elements on, or of, any other property as a result of
<br />Hazardous Materials emanating from the Leased Premises.
<br />Section 9.2 Representations, Warranties and Covenants of Lessee. As an inducement
<br />to Lessor to enter into and to proceed under this Lease, Lessee warrants and represents to Lessor
<br />as follows, which warranties, representations and covenants are true and correct as of the date of
<br />this Lease:
<br />(a) Authority. Lessee has the right, power and authority to enter into this
<br />Lease and the right, power and authority to comply with the terms, obligations, provisions and
<br />conditions contained in this Lease;
<br />(b) No Breach of Obligations. The entry by Lessee into this Lease and the
<br />performance of all of the terms, provisions and conditions contained herein will not, or with the
<br />giving of notice or the passage of time, or both, would not, violate or cause a breach or default
<br />under any other agreements to which Lessee is a party or by which it is bound.
<br />Section 9.3 Hazardous Materials. Lessee (i) shall not cause or permit any Hazardous
<br />Materials to be placed, held, located or disposed of on, under or at the Leased Premises or any
<br />part thereof, except in commercially reasonable amounts used in the construction and operation
<br />of the Improvements and in accordance with Legal Requirements, and (ii) shall not cause or
<br />permit any Hazardous Materials contamination of the Leased Premises or any part thereof.
<br />Section 9.4 Intentionally omitted.
<br />Section 9.5 Hazardous Materials Indemnification. From and after the Commencement
<br />Date, Lessee hereby agrees to indemnify, protect, hold harmless and defend (by counsel
<br />reasonably satisfactory to Lessor) the Indemnitees from and against any and all Claims arising
<br />directly or indirectly, in whole or in part, out of (i) any activity by Lessee, its affiliates or its
<br />25
<br />OAK #4823-7863-2026 v2
<br />
|