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D LS 11069S
<br />. APPROVED, LIN
<br />shall he the sole responsibility of Lessee to determine whether or not a contemplated use of the
<br />Premises is a Hazardous Substance use.
<br />S. In no event shall Lessee (i) release, discharge or dispose of any Hazardous
<br />Substances, (ii) bring. any hazardous vests■ as defined in RCSI onto the Premises, (iii) install or use
<br />on the Premises any underground storage tanks, or (iv) store any Hazardous Substances within one
<br />hundred feet (100') of Measurer line of any main track.
<br />C. If Lessee uses or permits the use of the Premises for a Hazardous Substance use, with
<br />or mithout Lessor's consent, Lessee shall furnish to Lessor copies of all pemita, identification
<br />aunaberz and notices issued by govermental agencies in connection with such Hazardous Substance use,
<br />together with such other information on the Hazardous Substance nee as may be requested by Lessor. If
<br />requested by Lessor, Lessee shall cause to be performed an environmental meat of the Premises
<br />upon termination of the Lease and shall furnish Lesson a copy of such. report, at Lessee's sole cost
<br />and expense.
<br />D. Without limitation of the provisions of Section 12 of this 15chibit S, Leases shall be
<br />responsible• for all damages, losses, costs, expenses, claims, fines and penalties related is any
<br />manner to any Hazardous Substance use of the Premises (or any property in pity to the Practises)
<br />during the tern of this Lease or, if longer, during Lessee's occupancy of the Premises, regardless of
<br />Lessor's consent to such dos, ar arty 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,2ndavanified Parties, and (ii) the cost and
<br />expanse of clean -up, restoration, contaism6bt, remediation, decontamination, removal, investigation,
<br />monitoring, closure or peat- closure. Notwithstanding the•foregoing, Lessee shall moth* responsible
<br />for Hazardous Substances (i)•existing on, in or under the Premises prior to'the earlier to occur of
<br />the eoemencement of the term of the•Lease or Lessee's taking occupancy of the Premises, or (ii)
<br />migrating from adjacent property not controlled by Lessee, or (iii) placed on, in or under the
<br />Premises by any of the indemnified Parties; except where 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 />Lessee. Lessee shall have the burden of proving by a preponderance of the eridence that any
<br />exceptions of the foregoing to Lessee's responsibility for Hazardous Substances applies.
<br />S.
<br />it addition to the other rights and remedies of lesses under this Lease or as any be
<br />provided by law, if Leaser reasonably determines that the Premises may have been used during 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 Hazardous Substance use, with or without Lessor's consent thereto, and that a release. or other
<br />cont- 4 " -tion say have occurred, Lessor may, at its election and at any' time during the life of this'
<br />Lease or thereafter (i) cause the•Premises and/or any adjacent premises of Lessor to be tested,
<br />investigated, or monitored for the presence of any Razardous luabstsnee, (ii) cause any Hazardous
<br />Substance to be removed from the Preeisei and any adjacent lands of Lessor, (iii) cause to be
<br />performed any restoration of the Premises and any adjacent lands of Lesser, 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 Lessor, as Landlord reasonably aaT deem necessary or desirable, and the cost and
<br />expense thereof shall be reimbursed by Lessee to Lessor within thirty (30) days atter rendition of
<br />Lessor's bill. Zn addition, Lessor say, it its election, require, Lessee, at Lessee's sole cost and
<br />expense, to perform such work, in.vhich event. Lessee shall promptly commence to perform and
<br />thereafter diligently prosecute to completion such work, using one or more contractors and a
<br />supervising consulting engineer approved in advance by Lessor.
<br />!. Par purposes of this Section 7, the•.tere `Hazardous substance• shall' mean .(i) those
<br />substances included 'within the definitions of 'hazardous substance•, *pollutants, "contaair "t', or
<br />'hazardous wastes, in the Comprehensive Znvironmental response, Compensation and Liability Act of
<br />1980, 42 Q.S.C. S5 9601, st eem., as amended or in RCAk, the regulations promulgated pursuant to
<br />either such Sot, or state laws and regulations similar to or promulgated pursuant to either such Act,
<br />(ii) any material, waste or substance which is {7O) petroleum, (E) asbestos, (C) flasaable or
<br />explosive, or (D) radioactive? and (iii) such other substanCea, materials and wastes which are or
<br />become regulated or classified as hazardous or toxic under federal, state or local law.
<br />Section 8. QPST.L7_ +_S,
<br />A .
<br />'to Lease..
<br />8. 111 utilities and services will be separately metered to Lessee. It not separately
<br />metered, Lessee shall pay its proportionate share as reasonably determined by Lessor.
<br />Section 9. yIEg5.
<br />Lessee shall not' all'lie, any liens to attach to the 'premises for any services, labor or
<br />materials furnished to the Premises or otherwise arising from Lessee's use of the Premises. Lessor
<br />shall have the right to discharge any such liens at Lessee's expense.
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<br />e, \tdemb,A1FM\a7eVee en DO 5A taps
<br />201802171
<br />Lessee will arrange and pay for all utilities and services supplied to tbe'Preaises or
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