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IND LS 11069S
<br />. APPROVED, LAW
<br />Section 9.
<br />Page 2 of 4
<br />Ge %at.tu l,\Ma% aio\,oeq% cooidASt.pi
<br />201802/70
<br />shell be the sole responsibility of Lease to determine whether or not a contemplated use of the
<br />Premises is a Hazardous Substance use.
<br />S. Ia no event. shall Lessee (i) release, diarhazge or dispose of any Hazardous
<br />Substances, (ii) bring. any hazardous tastes as defined is RCRA onto the Premises, (iii) install or use
<br />on the Premises any underground storage tanks, or (iv) store any Sasardons Substances within one
<br />hundred feet (100') of the center line of any main track.
<br />C. If Lessee uses or permits the use of the Premises for a Hazardous Substance use, pith
<br />or ,without Lessor's comment, Lessee shall furnish to Lessor copies of all permits, identification
<br />members and notices issued by governmental agencies in connection with such Hazardous Substance use,
<br />together with such other information on the Hazardous Substance use as may be requested by Lessor. If
<br />requested by Lessor. Lease. shall cause to be performed an environmental meat of the Premises
<br />upon termination of the Leas. and shall furnish Lessor a copy of much. report, at Lessee's sole cost
<br />and expense.
<br />D. Without limitation of the provisions of Section 12 of this Exhibit 8. Lessee shall be
<br />responsible• far all damages, to , costs, expenses, 'claims, lines and penalties related in any
<br />manner to any Hazardous Substaaoe use of the Premises (or %ay property in proximity to the Premises)
<br />during the term of this Lease or. it 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 12), and including, without limitation. (i) any diminution in the value
<br />of the Premises and /or any adjacent property of any of the,Sndeotaified Parties, and (ii) the cost and
<br />expense of clean -up, restoration, containment, remediation, decontamination, removal, investigation.
<br />monitoring, closure or post - closure. Botrithetandiag the foregoing, Leasee shall matt.* responsible
<br />for Hazardous Substances (1)• existing on, in or under the Premises prior to'the earlier to occur of
<br />the commencement of the teat of the•L.ase or Lessee's taking occupancy at the Premises. or (ii)
<br />migrating !tea adjacent property not controlled by Lessee, or (iii) placed on, in or rosier the
<br />Preemie** by any of the Indemnified Parties; except there the Hazardous Substance is discovered by, or
<br />the contamination is exacerbated by, any excavation or investigation undertaken by. or at the behest of
<br />Leaaee. Lessee shall have the burden of proving by a preponderance of the evdemop that any
<br />exceptions of the foregoing to Tesse.'a responsibility for Hazardous Substances applies.
<br />. 8. Ia 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 dosing the term
<br />of this Lease or any prior lease with Lessee for all or any portion of the Premises. or'are being used
<br />for any eazardeus Substance use, with or 'without Lessor's consent thereto, and that.a releaas.or other
<br />contamination say have occurred, Lessor may, at its election and at any time during trio lite of this'
<br />Lease or thereafter (i) cause the•Premises and/or any adjacent premises of Lessor to be tasted.
<br />investigated, or monitored for the presence et any Hazardous Substance, (ii) cause any Hazardous
<br />Substance Co be removed from the Premasse and any adjacent lands of Lessor. (iii) cause Co be
<br />performed any restoration of the Premises and any adjacent landa'of Lessor, and (iv) cause to be
<br />performed any.remediation of, or response to, the environmental condition of the Premises and the
<br />adjacent lands of Lesser, as Landlord reasonably may deem necessary or desirable, and the cost and
<br />expense thereof shall be reimbursed by Lessee to Lessor within thirty (30) days after rendition of
<br />Lessor's bill. In addition, Lessor say, at its election, require Lessees, at Lessee's sole cost and
<br />expanse, to perform such work, in•which event. Lessee shall prsasptly commence to perform and
<br />thereafter diligently prosecute to completion such +Rork, using one or more contractors and a
<br />supervising consulting engineer approved in advance by Lessor.
<br />r. Per purposes of this Section 7, the-tea "Hazardous Substance" shall mean •(i) those
<br />substances included within the definitions of 'hazardous substance', 'pollutant ", 'coat-- " -.'t ", or
<br />'hazardous raste ", in the Comprehensive Environmental Response, Compensation and Liability let of
<br />1980, 42 Q.S.C. SS id01, St sec., as amended or in rCRI., the regulations promulgated pursuant to
<br />either such Act. or state lave and regulations similar to or promulgated pursuant to either such act.
<br />(ii) any material, vast. or substance which is (A) petroleum. (D) asbestos, (e) tlaamable or
<br />*implosive, or (D) radioactive; and (iii) such other substances; materials and wastes which are or
<br />become regulated or classified as hazardous or toxic under federal, state or local lam.
<br />Section 8.. aTTLZT_ZZS
<br />A. Lessee will arrange and pay for all utilities and services supplied to the'Premis.s or
<br />.to. Lessee.
<br />8. All utilities and services rill 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'elIte any liens. to attach to the 'Premises for any services, labor on
<br />materials furnished to the Premises or otherwise arising from Lessee's use of the Premises. Lessot
<br />shall have the right to discharge any such liens at Lessee's expense.
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