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assessment of the Premises upon termination of the Lease and shall furnish Lessor a copy of such
<br />report, at Lessee's sole cost and expense.
<br />D. Without limitation of the provisions of Section 17, Lessee shall be responsible for
<br />all damages, losses, costs, expenses, claims, fines and penalties related in any manner to any
<br />Hazardous Substance use of the Premises (or any property in proximity to the Premises) during
<br />the term of this Lease or, if longer, during Lessee's occupancy of the Premises, regardless of
<br />Lessor's consent to such use or any negligence, misconduct or strict liability of any Indemnified
<br />Party (as defined in Section 17), and including, without limitation, (i) any diminution in the value
<br />of the Premises and/or any adjacent property of any of the Indemnified Parties, and (ii) the cost
<br />and expense of clean-up, restoration, contairnnent, remediation, decontamination, removal,
<br />investigation, monitoring, closure or post -closure. Notwithstanding the foregoing, Lessee shall not
<br />be responsible for Hazardous Substances (i) existing on, in, or under the Premises prior to the
<br />earlier to occur of the commencement of the term of the Lease or Lessee's taking occupancy of the
<br />Premises, or (ii) migrating from adjacent property not controlled by Lessee, or (iii) placed on, in
<br />or under the Premises by any of the Indemnified Parties; except where the Hazardous Substance
<br />is discovered by, or the contamination is exacerbated by, any excavation or investigation
<br />undertaken by or at the behest of Lessee. Lessee shall have the burden of proving by a
<br />preponderance of the evidence that any of the foregoing exceptions to Lessee's responsibility for
<br />Hazardous Substances applies.
<br />E. In addition to the other rights and remedies of Lessor under this Lease or as may be
<br />provided by law, if Lessor reasonably determines that the Premises may have been used during the
<br />term of this Lease or any prior lease with Lessee for all or any portion of the Premises, or are being
<br />used for any Hazardous Substance use, with or without Lessor's consent thereto, and that a release
<br />or other contamination may have occurred, Lessor may, at its election and at any time during the
<br />life of this Lease or thereafter (i) cause the Premises and/or any adjacent premises of Lessor to be
<br />tested, investigated, or monitored for the presence of any Hazardous Substance, (ii) cause any
<br />Hazardous Substance to be removed from the Premises and any adjacent lands of Lessor, (iii)
<br />cause to be performed any restoration of the Premises and any adjacent lands of Lessor, and (iv)
<br />cause to be performed any remediation of, or response to, the environmental condition of the
<br />Premises and the adjacent lands of Lessor, as Lessor reasonably may deem necessary or desirable;
<br />and the cost and expense thereof shall be reimbursed by Lessee to Lessor within thirty (30) days
<br />after rendition of Lessor's bill. In addition, Lessor may, at its election, require Lessee, at Lessee's
<br />sole cost and expense, to perform such work, in which event, Lessee shall promptly commence to
<br />perform and thereafter diligently prosecute to completion such work, using one or more contractors
<br />and a supervising consulting engineer approved in advance by Lessor.
<br />F. For purposes of this Section 12, the term "Hazardous Substance" shall mean (i)
<br />substances included within the definitions of "hazardous substance," pollutant," "contaminant,"
<br />or "hazardous waste," in the Comprehensive Environmental Response, Compensation and
<br />Liability Act of 1980, 42 U.S.C, §§ 960 et seq., as amended or in RCRA, the regulations
<br />promulgated pursuant to either such Act, or state laws and regulations similar to or promulgated
<br />pursuant to either such Act, (ii) any material, waste or substance which is (A) petroleum, (B)
<br />asbestos, (C) flammable or explosive, or (D) radioactive, and (iii) such other substances, materials
<br />and wastes which are or become regulated or classified as hazardous or toxic under any existing
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