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Tenant shall not cause nor permit to occur any release, generation,
<br />manufacture, storage, treatment, transportation, or disposal of “hazardous
<br />material,” as that term is defined in Section 10(c)(7) herein, on, in, under,
<br />or from the Premises. Tenant shall promptly notify Landlord, in writing, if
<br />Tenant has or acquires notice or knowledge that any hazardous material
<br />has been or is threatened to be released, discharged, disposed of,
<br />transported, or stored on, in, under, or from the Premises; and if any
<br />hazardous material is found on the Premises, Tenant, at its own cost and
<br />expense, shall immediately take such action as is necessary to detain the
<br />spread of and remove the hazardous material to the complete satisfaction
<br />of Landlord and the appropriate governmental authorities.
<br />Tenant shall immediately notify Landlord of all (and provide copies upon
<br />receipt of any written) correspondence, complaints, claims, citations,
<br />demands, inquiries, reports, or notices relating to the condition of the
<br />Premises or compliance with the Environmental Laws. Tenant shall
<br />promptly cure and have dismissed with prejudice any such actions and
<br />proceedings to the satisfaction of Landlord. Tenant shall keep the
<br />Premises free of any lien imposed pursuant to any Environmental Law.
<br />Landlord will have the right at all reasonable times and from time to time
<br />to conduct environmental audits of the Premises, and Tenant shall
<br />cooperate in the conduct of each audit. The audits will be conducted by a
<br />consultant of Landlord ’s choosing. If any hazardous material is detected
<br />or if a violation of any of the warranties, representations, or covenants
<br />contained in this paragraph is discovered, the fees and expenses of such
<br />consultant will be borne by Tenant and will be paid to Landlord as
<br />Additional Rent under this Lease, within five (5) days after rendition of a
<br />bill or statement therefore.
<br />If Tenant fails to comply with any of the foregoing warranties,
<br />representations, and covenants, Landlord may, without notice to or
<br />demand upon Tenant, without waiving or releasing Tenant from any
<br />obligation of Tenant hereunder, but shall not be obligated to, cause the
<br />removal (or other cleanup acceptable to Landlord) of any hazardous
<br />material from the Premises. The costs of hazardous material removal and
<br />any other cleanup (including transportation and storage costs) will be
<br />Additional Rent under this Lease, whether or not a court has ordered the
<br />cleanup, and such costs will become due and payable pursuant to the terms
<br />and conditions of Section 4 herein. Tenant shall give Landlord, its agents,
<br />and employees access to the Premises to remove or otherwise clean up any
<br />hazardous material.
<br />(6) Tenant shall indemnify, defend (with counsel reasonably acceptable to
<br />Landlord and at Tenant ’s sole cost), and hold Landlord and Landlord ’s
<br />wife, their successors and/or assigns harmless from and against all losses,
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