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term of this Lease or, if longer, during Lessee's occupancy of the Premises, regardles,'
<br />to such use or any negligence, misconduct or strict liability of any Indemnified I
<br />Section 12), and including, without limitation, (i) any diminution in the value of the
<br />adjacent property of any of the Indemnified Parties, and (ii) the cost and expense of c
<br />containment, remediation, decontamination, removal, investigation, monitoring, clos
<br />Notwithstanding the foregoing, Lessee shall not be responsible for Hazardous Substa
<br />in or under the Premises prior to the earlier to occur of the commencement of the t,
<br />Lessee's taking occupancy of the Premises, or (ii) migrating from adjacent propert
<br />Lessee, or (iii) placed on, in or under the Premises by any of the Indemnified Partie
<br />Hazardous Substance is discovered by, or the contamination is exacerbated by,
<br />investigation undertaken by or at the behest of Lessee. Lessee shall have the burd
<br />preponderance of the evidence that any of the foregoing exceptions to Lessee'
<br />Hazardous Substances applies.
<br />E. In addition to the other rights and remedies of Lessor under this I
<br />provided by law, if Lessor reasonably determines that the Premises may have been u
<br />of this Lease or any prior lease with Lessee for all or any portion of the Premises, oi
<br />any Hazardous Substance use, with or without Lessor's consent thereto, and that
<br />contamination may have occurred, Lessor may, at its election and at any time during t
<br />or thereafter (i) cause the Premises and/or any adjacent premises of Lessor to be tesi
<br />monitored for the presence of any Hazardous Substance, (ii) cause any Hazardot
<br />removed from the Premises and any adjacent lands of Lessor, (iii) cause to be perfon
<br />of the Premises and any adjacent lands of Lessor, and (iv) cause to be performed ani
<br />response to, the environmental condition of the Premises and the adjacent lands o
<br />reasonably may deem necessary or desirable, and the cost and expense thereof shal
<br />Lessee to Lessor within thirty (30) days after rendition of Lessor's bill. In addition
<br />election, require Lessee, at Lessee's sole cost and expense, to perform such work, in I
<br />shall promptly commence to perform and thereafter diligently prosecute to completic
<br />one or more contractors and a supervising consulting engineer approved in advance by
<br />of Less 's consent
<br />arty (as efined in
<br />remises nd/or any
<br />an-up,
<br />e or ~
<br />;es (i)
<br />n of t
<br />not c(
<br />;n of pri
<br />respon
<br />sting on,
<br />Lease or
<br />•olled by
<br />vhere the
<br />iation or
<br />ing by a
<br />)ilitv for
<br />,ase or
<br />ed durir
<br />are beir
<br />a releas
<br />ie life of
<br />-d, inve:
<br />s Subst~
<br />ied any
<br />remedi,
<br />Lessor,
<br />be rein
<br />Lessor
<br />,hich evi
<br />i such v
<br />F. For purposes of this Section 7, the term "Hazardous Substance" s all rr
<br />substances included within the definitions of "hazardous substance", "pollutant", "con
<br />"hazardous waste", in the Comprehensive Environmental Response, Compensation d Li
<br />1980, 42 U.S.C. 9601, et sec as amended or in RCRA, the regulations promulgate pur:
<br />such Act, or state laws and regulations similar to or promulgated pursuant to eithe such
<br />material, waste or substance which is (A) petroleum, (B) asbestos, (C) flammable o exp:
<br />radioactive; and (iii) such other substances, materials and wastes which are or b come
<br />classified as hazardous or toxic under any existing or future federal, state or local law.
<br />Section 8. UTILITIES.
<br />Lessee.
<br />A. Lessee will arrange and pay for all utilities and services supplied to
<br />B. All utilities and services will be separately metered to Lessee. If not
<br />Lessee shall pay its proportionate share as reasonably determined by Lessor.
<br />Section 9. LIENS.
<br />Lessee shall not allow any liens to attach to the Premises for
<br />materials furnished to the Premises or otherwise arising from Lessee's use of the
<br />have the right to discharge any such liens at Lessee's expense.
<br />may be
<br />the term
<br />used for
<br />or other
<br />iis Lease
<br />;ated, or
<br />-e to be
<br />i of, or
<br />Lessor
<br />sed by
<br />, at its
<br />Lessee
<br />, using
<br />(i) those
<br />iant", or
<br />y Act of
<br />to either
<br />(ii) any
<br />or (D)
<br />zlated or
<br />or to
<br />metered,
<br />labor or
<br />sor shall
<br />91
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