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Demised Premises, unless performed in full compliance with all Environmental Laws and any
<br />other applicable local, state and federal statutes, orders, ordinances, rules and regulations. Tenant
<br />shall be prohibited at all times from conducting or allowing the Release of Hazardous Materials
<br />onto, on, about, under or from the Demised Premises, the sole exception being sewer discharges
<br />conducted in full compliance with all Environmental Laws and any other applicable laws. From
<br />and after the date of this Lease, Tenant covenants to, and shall, undertake all Remedial Activities
<br />necessary to address any Use or Release of Hazardous Materials after the date of this Lease, by
<br />Tenant or its agents, employees, representatives, invitees, licensees, subtenants, customers or
<br />contractors ("Other Parties"), at Tenant's sole cost and expense, and shall give immediate written
<br />notice of same to Landlord.
<br />Section 37.03 At any time within thirty (30) days after the expiration or other termination of this
<br />Lease, Landlord shall have the right, excercisable by written notice to Tenant within said thirty
<br />(30) day period, to require that Tenant, at Tenant's sole cost and expense: (i) remove from the
<br />Premises any and all underground gasoline storage tanks and lines and any other containers,
<br />tanks or equipment of any kind whatsoever in which Hazardous Materials are or have been
<br />present; (ii) implement all necessary Remedial Activities, including but not limited to: the
<br />installation, operation and removal of gasoline recovery and groundwater filtration systems and
<br />equipment for the purpose of removing hydrocarbons and other Hazardous Materials from the
<br />soil and groundwater beneath the Demised Premises in compliance with and as required by any
<br />and all Environmental Laws, the removal of any contaminated Environmental Media from the
<br />Demised Premises, and the replacement of any removed soil with clean soil compacted to a
<br />density of ninety-five percent (95%) of the maximum density at optimum moisture content, as
<br />determined by a soils testing laboratory; (iii) provide Landlord with copies of all environmental
<br />reports together with a written statement from a licensed civil engineer certifying to Landlord's
<br />satisfaction that the Demised Premises are free from Hazardous Materials contamination; and
<br />(iv) take any other steps required by Landlord and any applicable law, rule, regulation or
<br />governmental requirement relating to such Remedial Activities. Rent shall continue to be paid at
<br />the then current rate until the Remedial Activities are completed or for twelve months,
<br />whichever comes sooner. If the Remedial Activities are not completed within twelve months,
<br />then rent, together with any other amounts due hereunder, shall be paid at twice the then current
<br />rate until the Remedial Activities are completed. If Tenant has not commenced the Remedial
<br />Activities within twelve months of receipt of Landlord's notice, Landlord shall have the right but
<br />not the obligation to complete the Remedial Activities. If Landlord commences said work all
<br />costs and expenses incurred as a consequence of Landlord's action shall be repaid by Tenant to
<br />Landlord as Additional Rent within fifteen (15) days after Tenant receives copies of receipts
<br />showing payment by Landlord for such Remedial Activities or other obligations. These receipts
<br />shall be prima facie evidence of the payment of the charges paid by Landlord. Except in the case
<br />of emergency, Landlord shall give Tenant ten (10) days notice before taking any such action.
<br />Landlord shall have the right to enter, access and inspect the Demised Premises as necessary to
<br />conduct any Remedial Activities.
<br />Section 37.04 Tenant shall defend, indemnify and hold Landlord free and harmless from any and
<br />all claims, losses, liabilities and other obligations of any kind whatsoever that may be made
<br />against or incurred by Landlord in connection with Hazardous Materials or Environmental
<br />Conditions on the Demised Premises, or in connection with Tenant's installation, use,
<br />maintenance or removal of gasoline tanks or equipment from the Demised Premises, including
<br />without limitation any and all costs and fees of attorneys or experts incurred by Landlord in
<br />defending against same. This and any other right of Landlord may be assigned to its successors
<br />in interest under the terms of this Lease.
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