Res 2006-016 - Laserfiche WebLink

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EE: Vvl F's fibi72491 ~ OF'F` X994 625 (b) Following completion of all work under subsection (a) above, any proceeds not disbursed pursuant to subsection (a) above shall be applied to or as directed by Lessor in its sole discretion. 6.8 Environmental Investigation and Remediation. (a) Lessee represents and warrants that it has undertaken a reasonable investigation of the environmental condition of the Land, and the results of Lessee's environmental investigation did not identify any condition relating to the environment that could reasonably be expected to materially and adversely impact Lessee's ability to conduct its operations at the Leased Premises. Lessor makes no representation or warranty concerning the condition of the Leased Premises. (b) Lessee shall be responsible, at its sole expense, for performing any environmental investigation and remediation work which may be required in connection with the use and occupancy of the Leased Premises and which is caused by the presence of Hazardous Materials on the Leased Premises, except and to the extent the presence thereof results solely from the act of Lessor or its officers, employees, agents or representatives. Such environmental investigation and remediation work shall be conducted in accordance with all applicable laws. Lessee shall notify and advise Lessor of the remediation Lessee will undertake and the procedures to be used. Lessee shall complete the remediation with due diligence and shall comply with, and shall cause its agents and contractors to comply with, all applicable laws regarding the use, removal, storage, transportation, disposal and remediation of Hazardous Materials. Lessee's obligation as provided herein to undertake environmental investigation and remediation of the Leased Premises shall be a continuing obligation of Lessee which shall survive throughout the Term. (c) The term "Hazardous Materials" means any substance, material or waste which is now or hereafter classified or considered to be hzadous, toxic or dangerous under any federal, state or local laws, rules and regulations (collectively, "Laws' affecting the Leased Premises relating to pollution or the protection of human health, natural resources or the environment, but shall exclude any such items that are necessary for the ordinazy performance of Lessee's or any sublessee's business activities, provided that such aze used, stored or disposed of in compliance with all Laws. If Lessee breaches its obligations under this Section 6.8 and such breach is not cured following notice and within the applicable cure period specified in Article 8 below, Lessor may take any and all action reasonably appropriate to remedy such breach and Lessee shall promptly pay all reasonable costs incurred by Lessor in connection therewith. (d) The provisions of this Section 6.8 shall survive the termination of this Lease and aze solely for the benefit of Lessor and Lessee and shall not be deemed for the benefit of any other person or entity. 1 C-13 803273.4