deemed a material breach of this Lease by Lessor and Lessor shall have the responsibility to terminate
<br />such interference upon notification.
<br />22. Environmental Compliance. Lessor represents, warrants and agrees (1) that neither
<br />Lessor nor, to Lessor's knowledge, any third party has used, generated, stored or disposed of, or
<br />permitted the use, generation, storage or disposal of, any contaminants, oils, asbestos, PCBs,
<br />hazardous substances or wastes as defined by federal, state or local environmental laws, regulations or
<br />administrative orders or other materials the removal of which is required or the maintenance of which
<br />is prohibited, regulated or penalized by any federal, state or local government authority ("Hazardous
<br />Materials') on, under, about or within the Parent Parcel and/or Easement in violation of any law or
<br />regulation, and (2) that Lessor will not, and will not permit any third party to use, generate, store or
<br />dispose of any Hazardous Materials on, under, about or within the Parent Parcel and/or Easement in
<br />violation of any law or regulation. Lessee agrees that it will not use, generate, store or dispose of any
<br />Hazardous Material on, under, about or within the Premises in violation of any law or regulation. This
<br />Lease shall at the option of Lessee terminate and be of no further force or effect if Hazardous
<br />Materials are discovered to exist on the Parent Parcel and/or Easement through no fault of Lessee after
<br />Lessee takes possession of the Premises.
<br />23. Environmental Indemnities.
<br />(a) Lessee, its heirs, grantees, successors, and assigns shall indemnify,
<br />defend, reimburse and hold harmless Lessor from and against envirotunental damages caused
<br />by the presence of Hazardous Materials on the Premises arising solely m the result of
<br />Lessee's activities after the execution of this Lease.
<br />(b) Lessor shall, upon demand of Lessee, and at Lessor's sole cost and expense,
<br />promptly take all actions to rdnediate the Parent Parcel and/or Easement which are required by any
<br />federal, state or local governmental agency or political subdivision or which are reasonably necessary
<br />to mitigate environmental damages or to allow full economic use of the Premises, which remediation
<br />is necessitated from the presence upon, about or beneath the Parent Parcel and/or Easement of a
<br />Hazardous Material. Such actions shall include but not be limited to the investigation of the
<br />environmental condition of the Parent Parcel and/or Easement, the preparation of any feasibility
<br />studies, reports or remedial plans, and the performance of any cleanup, remediation, containment,
<br />operation, maintenance, monitoring or actions necessary to restore the Parent Parcel and/or Easement
<br />to the condition existing prior to the introduction of Hazardous Material upon, about or beneath the
<br />Parent Parcel and/or Easement notwithstanding any lesser standard of remediation allowable under
<br />applicable law or governmental policies.
<br />(c) The duties and indemnifications in this paragraph shall survive expiration or
<br />earlier termination of this Lease.
<br />24. Notices. All notices, requests, demands and other communications hereunder shall be
<br />in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt
<br />requested, or via a nationally recognized overnight delivery service to the following addresses or to
<br />such other addresses as may be specified in writing at any time during the term of this Lease:
<br />If to Lessor, to:
<br />To ,Co Sim Name:Nmn. das
<br />To.Site Number: OH039I
<br />
|