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<br />(b) Tenant shall comply with all local, state or federal laws, ordinances or regulations relating to Hazardous
<br />Materials and above ground and underground storage tanks on, in, under or about the Premises.
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<br />(c) Tenant shall promptly notify Landlord should Tenant receive notice of or otherwise become aware of any
<br />(i) pending or threatened environmental regulatory action against Tenant, the Premises or the Property; (ii) claims
<br />made or threatened by any third party relating to any loss or injury resulting from any Hazardous Material; or (iii)
<br />release or discharge or threatened release or discharge of any hazardous Material in, on, under or about the Premises
<br />or the Property.
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<br />(d) Tenant shall promptly deliver copies of any documents relating to any governmental proceeding relating
<br />to Hazardous Materials and all engineering reports, test reports and laboratory analyses concerning the Hazardous
<br />Materials to Landlord.
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<br />(e) Tenant shall promptly and thoroughly investigate suspected Hazardous Materials contamination of the
<br />Premises or the Property or the ground water of the Property, resulting from Tenant's use ofthe Premises.
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<br />(1) Landlord shall have the right, at Tenant's expense, to require an annual audit of Tenant's operation on the
<br />Premises to ensure compliance with environmental laws and regulations and this Section 26.1. Upon receipt of
<br />written notice from Landlord, Tenant shall promptly correct any violations and/or deficiencies cited in the audit.
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<br />(g) If an Event of Default occurs, Landlord, at Tenant's expense, shall have the right to cause to be conducted
<br />an investigation of the Premises for hazardous Materials and Tenant shall forthwith remove, repair, clean up or
<br />detoxify any hazardous Materials from the Premises, the Property, or ground water of the Property resulting from
<br />Tenant's use, whether or not such actions are required by law.
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<br />(h) Tenant shall permit Landlord or its agents to inspect the premises at any reasonable time and agrees to
<br />fully cooperate with Landlord in determining compliance with this section 26.1.
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<br />(i) To the extent allowed by applicable law Tenant shall protect, indemnify and hold harmless Landlord, (its
<br />directors, officers, employees, agents, successors and assigns) from and against any and all loss, damage, cost,
<br />expense or liability including attorneys' fees and costs, arising directly or indirectly out of Tenant's sue of the
<br />Premises, or from the conduct of Tenant's business or attributable to Tenant's failure to comply with this section
<br />26.1, including without limitations (i) all foreseeable consequential damages; and (ii) the costs of any required or
<br />necessary repair, cleanup, or detoxification ofthe Premises or the Property and the preparation and implementation
<br />of any closure, remedial or other required plans. This indemnity shall survive termination or cancellation of this
<br />Lease for any reason.
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<br />U) "Hazardous Materials" shall mean any flammable explosives, radioactive materials, hazardous wastes,
<br />toxic substances or related materials, including, without limitation, any substance defined as or included in the
<br />definition of "hazardous substances", "hazardous wastes", "hazardous materials", "toxic substances", "contaminants"
<br />or "pollutants" under any applicable federal or state laws or regulations.
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<br />(k) Landlord shall indemnify Tenant from and against all damages, liabilities and expenses arising out
<br />of any hazardous substance (including asbestos) found on the property other than that caused by Tenant, its
<br />employees or agents. Landlord shall deliver the Premises to Tenant free and clear of any hazardous
<br />materials.
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<br />INITIALS: fJ:J
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