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term of this Lease or, if longer, during Lessee's occupancy of the Premises, regardless of Lessor's consent
<br />to such use or any negligence, misconduct or strict liability of any Indemnified Party (as defined in
<br />Section 12), and including, without limitation, (i) any diminution in the value of the Premises and/or any
<br />adjacent property of any of the Indemnified Parties, and (ii) the cost and expense of clean-up, restoration,
<br />containment, remediation, decontamination, removal, investigation, monitoring, closure or post-closure.
<br />Notwithstanding the foregoing, Lessee shall not be responsible for Hazardous Substances (i) existing on,
<br />in or under the Premises prior to the earlier to occur of the commencement of the term of the Lease or
<br />Lessee's taking occupancy of the Premises, or (ii) migrating from adjacent property not controlled by
<br />Lessee, or (iii) placed on, in or under the Premises by any of the Indemnified Parties; except where the
<br />Hazardous Substance is discovered by, or the contamination is exacerbated by, any excavation or
<br />investigation undertaken by or at the behest of Lessee. Lessee shall have the burden of proving by a
<br />preponderance of the evidence that any of the faregoing exceptions to Lessee's responsibility for
<br />Hazardous Substances applies.
<br />E. In 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 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 for
<br />any Hazardous Substance use, with or without Lessor's consent thereto, and that a release or other
<br />contamination may have occurred, Lessor may, at its election and at any time during the life of this Lease
<br />or thereafter (i) cause the Premises and/or any adjacent premises of Lessor to be tested, investigated, or
<br />monitored for the presence of any Hazardous Substance, (ii) cause any Hazardous Substance to be
<br />removed from the Premises and any adjacent lands of Lessor, (iii) cause to be performed any restaration
<br />of the Premises 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 Lessor
<br />reasonably may deem necessary or desirable, and the cost and expense thereof shall be reimbursed by
<br />Lessee to Lessor within thirty (30) days after rendition of Lessor's bill. In addition, Lessor may, at its
<br />election, require Lessee, at Lessee's sole cost and expense, to perform such work, in which event, Lessee
<br />shall promptly commence to perform and thereafter diligently prosecute to completion such work, using
<br />one or more contractors and a supervising consulting engineer approved in advance by Lessor.
<br />F. For purposes of this Section 7, the term "Hazardous Substance" shall mean (i) those
<br />substances included within the definitions of "hazardous substance", "pollutant", "contaminant", or
<br />"hazardous waste", in the Comprehensive Environmental Response, Compensation and Liability Act of
<br />1980, 42 U.S.C. 9601, et sec., as amended or in RCRA, the regulations promulgated pursuant to either
<br />such Act, or state laws and regulations similar to ar promulgated pursuant to either such Act, (ii) any
<br />material, waste or substance which is (A) petroleum, (B) asbestos, (C) flammable or explosive, or (D)
<br />radioactive; and (iii) such other substances, materials and wastes which are or become regulated or
<br />classified as hazardous or toxic under any existing or future federal, state or local law.
<br />Section 8. UTILITIES.
<br />A. Lessee will arrange and pay for all utilities and services supplied to the Premises or to
<br />Lessee.
<br />B. All utilities and services will be separately metered to Lessee. If not separately metered,
<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 any services, labor or
<br />materials furnished to the Premises or otherwise arising from Lessee's use of the Premises. Lessor shall
<br />have the right to discharge any such liens at Lessee's expense.
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