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groundwater, air or other elements on or of the Development by Hazardous Materials, or
<br />the contamination of the buildings, facilities, soil, groundwater, air, or other elements on
<br />or of any other property as a result of Hazardous Materials at any time (whether before or
<br />after the date of this Instrument) emanating from the Development.
<br />(b) Lessee agrees that any and all Hazardous Materials which are presently located on
<br />the Premises, or which will be located on the premises at a later date, shall be disposed of in
<br />accordance with local, state and federal laws and that Lessee will dispose of such Hazardous
<br />Materials within thirty (30) days from the date that Hazardous Materials become located upon the
<br />Leased Premises.
<br />(c) Lessee further agrees and warrants that he has not caused any Hazardous Materials
<br />Contamination to take place on the Leased Premises in the past and that he will not cause any
<br />Hazardous Materials Contamination to take place on the Leased Premises at any time during the term
<br />of this Lease.
<br />(d) Lessee agrees to (i) give notice to Lessor immediately upon Lessee's acquiring
<br />knowledge of the presence of any Hazardous Materials Contamination with a full description
<br />thereof; (ii) promptly comply with any Governmental Requirements requiring the removal,
<br />treatment, or disposal of such Hazardous Materials or Hazardous Materials Contamination and
<br />provide Lessor with satisfactory evidence of such compliance; and (iii) provide Lessor, within thirty
<br />(30) days after demand by Lessor, with a bond, letter of credit or similar financial assurance
<br />evidencing to Lessor's satisfaction that the necessary funds are available to pay the cost of removing,
<br />treating and disposing of such Hazardous Materials or Hazardous Materials Contamination and
<br />discharging of any assessments which may be established on the Leased Premises as a result thereof.
<br />(e) Lessee shall defend, indemnify, and hold harmless Lessor from any and all liabilities
<br />(including strict liability), actions, demands, penalties, losses, costs, or expenses (including without
<br />limitation attorneys' fees and expenses, and remedial costs), suits, costs of any settlement or
<br />judgment and claims of any and every kind whatsoever which may now or in the future be paid,
<br />incurred or suffered by or asserted against Lessor by any person or entity or governmental agency
<br />for, with respect to, or as a direct or indirect result of, the presence on or under, or the escape,
<br />seepage, leakage, spillage, discharge, emission or release from the Leased Premises of any
<br />Hazardous Materials or any Hazardous Materials Contamination or arise out of or result from the
<br />environmental condition of the Leased Premises or the applicability of any Governmental
<br />Requirements relating to the Hazardous Materials (including without limitation CERCLA or any
<br />federal, state, or local so- called "Superfund" or "Superlien" laws, statute, law, ordinance, code, rule,
<br />regulation, order or decree), which was caused by Lessee before or during the term of this Lease.
<br />The representations, covenants, warranties, and indemnifications contained in this Hazardous
<br />Materials Addendum shall survive the term of this Lease and any renewals and extensions thereof.
<br />(f) Lessor shall have the right, but not the obligation, without in any way limiting
<br />Lessor's other rights and remedies under this Lease, to enter onto the Leased Premises or to take such
<br />other actions as it deems necessary or advisable to clean up, remove, resolve, or minimize the impact
<br />of, or otherwise deal with, any Hazardous Materials or Hazardous Materials Contamination on the
<br />Leased Premises following receipt of any notice from any person or entity asserting the existence of
<br />any Hazardous Materials or Hazardous Materials Contamination pertaining to the Leased Premises
<br />or any part thereof which, if true, could result in an order, suit, imposition of a lien on the Leased
<br />Premises, or other action and/or which, in Lessor's sole opinion, could jeopardize Lessor's security
<br />under this Lease. All costs and expenses paid or incurred by Lessor in the exercise of any such
<br />rights shall be le by Lessee upon demand.
<br />Lessor- 6 Lessee: ,
<br />W.I.C. Lease
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