|
04- 04- 13 ;09:11AM ;NE FIRE SPRINKLER
<br />•
<br />Premises, or are being used for any Hazardous Substance use, with or without Lessor's consent
<br />thereto, and that a release or other contamination may have occurred, Lessor may, at its
<br />election and at any time during the life of this Lease or thereafter (i) cause the Premises and /or
<br />any adjacent premises of Lessor to be tested, investigated, or monitored for the presence of any
<br />Hazardous Substance, (ii) cause any Hazardous Substance to be removed from the Premises
<br />and any adjacent lands of Lessor, (iii) cause to be performed any restoration of the Premises
<br />and any adjacent lands of Lessor, and (iv) cause to be performed any remediation of, or
<br />response to, the environmental condition of the Premises and the adjacent lands of Lessor, as
<br />Lessor reasonably may deem necessary or desirable, and the cost and expense thereof shall be
<br />reimbursed by Lessee to Lessor within thirty (30) days after rendition of Lessor's bill. In
<br />addition, Lessor may, at its election, require Lessee, at Lessee's sole cost and expense, to
<br />perform such work, in which event, Lessee shall promptly commence to perform and thereafter
<br />diligently prosecute to completion such work, using one or more contractors and a supervising
<br />consulting engineer approved in advance by Lessor.
<br />F. For purposes of this Section 7, the term "Hazardous Substance" shall mean (i)
<br />those substances included within the definitions of "hazardous substance ", "pollutant ",
<br />"contaminant ", or "hazardous waste ", in the Comprehensive Environmental Response,
<br />Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601, et ma., as amended or in RCRA,
<br />the regulations promulgated pursuant to either such Act, or state laws and regulations similar
<br />to or promulgated pursuant to either such Act, (ii) any material, waste or substance which is
<br />(A) petroleum, (B) asbestos, (C) flammable or explosive, or (D) radioactive; and (iii) such other
<br />substances, materials and wastes which are or become regulated or classified as hazardous or
<br />toxic under any existing or future federal, state or local law.
<br />Section 8. UTILITIES.
<br />3
<br />Section 9. LIENS.
<br />308 �$ # 11
<br />A. Lessee will arrange and pay for all utilities and services supplied to the Premises
<br />or to Lessee.
<br />B. All utilities and services will be separately metered to Lessee. If not separately
<br />metered, Lessee shall pay its proportionate share as reasonably determined by Lessor.
<br />Lessee shall not allow any liens to attach to the Premises for any services, labor
<br />or materials furnished to the Premises or otherwise arising from Lessee's use of the Premises.
<br />Lessor shall have the right to discharge any such liens at Lessee's expense.
<br />Section 10. ALTERATIONS AND IMPROVEMENTS; CLEARANCES.
<br />A. No alterations, improvements or installations may be made on the Premises
<br />without the prior consent of Lessor. Such consent, if given, shall be subject to the needs and
<br />requirements of the Lessor in the operation of its Railroad and to such other conditions as
<br />Lessor determines to impose. In all events such consent shall be conditioned upon strict
<br />conformance with all applicable governmental requirements and Lessor's then- current
<br />clearance standards.
<br />B. All alterations, improvements or installations shall be at Lessee's sole cost and
<br />expense.
<br />C. Lessee shall comply with Lessor's then- current clearance standards, except (i)
<br />where to do so would cause Lessee to violate an applicable governmental requirement, or (ii) for
<br />any improvement or device in place prior to Lessee taking possession of the Premises if such
<br />improvement or device complied with Lessor's clearance standards at the time of its
<br />installation.
<br />D. Any actual or implied knowledge of Lessor of a violation of the clearance
<br />requirements of this Lease or of any governmental requirements shall not relieve Lessee of the
<br />
|