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action or proceeding and shall be paid whether or not such action or proceeding is prosecuted to final judgment. Any judgment or order entered in such action or proceeding shall contain a specific provision providing for the recovery of attorneys' fees and costs, separate from the judgment, incurred in enforcing such judgment. The prevailing party shall be determined by the trier of fact based upon an assessment of which party's major arguments or positions taken in the proceedings could fairly be said to have prevailed over the other party's major arguments or positions on major disputed issues; provided, however, that the parties agree that in no event shall Tenants be deemed a prevailing party if an Event of Default then exists under this Lease. For the purposes of this provision, attorneys' fees shall include fees incurred in the following: (i) post judgment motions; (ii) contempt proceedings; (iii) garnishment, levy, and debtor and third party examinations; (iv) discovery; and (v)bankruptcy litigation. This provision is intended to be expressly severable from the other provisions of this Lease, is intended to survive any judgment and is not to be deemed merged into the judgment. ARTICLE 29 ENVIRONMENTAL Section 29.01 Tenants acknowledge that Landlord makes no warranties or representations of any kind, or in any manner or in any form whatsoever, as to the status of Environmental Conditions or Hazardous Materials at the Demised Property. Tenants further acknowledge that Tenants have conducted at their own expense any and all investigations regarding Environmental Conditions of the Demised Property that Tenants deemed necessary or appropriate and that Tenants have satisfied themselves as to the absence or existence of Hazardous Materials contamination of the Demised Property and the suitability of the Demised Property for Tenants' operations. Tenants' entry into this Lease shall be made at their sole risk. Section 29-02 Tenants shall comply with all Environmental Laws and cause and ensure the Demised Property and all operations and other activities thereon (whether by Tenants or any subtenants) comply with all applicable Environmental Laws. From and after the Commencement Date, other than the storage and sale of gasoline in regulated containers and tanks, Tenants shall not be entitled to the Use of any Hazardous Materials at the Demised Property other than De Minimis Amounts, which shall be performed in full compliance with all Environmental Laws and any other applicable Laws. Tenants shall be prohibited from causing or allowing the Release of Hazardous Materials onto, on, about, under or from the Demised Property,the exception being sewer or other permitted discharges or Releases or other De Minimis Amounts, in full compliance with all Environmental Laws and any other applicable Laws. Tenants covenants to, and shall, undertake all Remedial Activities necessary to comply with Environmental Laws and to address any Use or Release of Hazardous Materials by Tenants or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors (each an "Other Party" and collectively, "Other Parties"), or otherwise adversely affecting the Demised Property, at Tenants' sole cost and expense, and shall give immediate written notice of same to Landlord, including the abatement of any mold or fungi that constitute Hazardous Materials even if no applicable Environmental Laws or other Laws compel such abatement. If any Remedial Activities are required to be performed at any location other than the Demised Property, Tenants shall use their best efforts to obtain any required access agreements from third parties; provided,