Common use of Hazardous Wastes Clause in Contracts

Hazardous Wastes. Neither Tenant, its successors or assigns, nor any other person or entity acting by or through Tenant, shall cause or permit the escape, disposal or release of any “Hazardous Substances, or Materials” as hereinafter defined in the Demised Premises, nor shall Tenant, its successors or assigns, or any other person or entity acting by or through Tenant, cause the escape, disposal or release of any Hazardous Substances or Materials in the Building or on the grounds. Tenant shall also not allow: (i) the storage or use of Hazardous Substances, or Materials in any manner in the Demised Premises not sanctioned by law or (ii) any Hazardous Materials to be brought into the Building or Demised Premises by Tenant, it successors or assigns, nor any other person or entity acting by or through Tenant. Hazardous Substances or Materials shall mean any hazardous, biologically or chemically active substance, waste or material described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended from time to time, or any applicable state or local laws or regulations adopted under this or any other similar acts. Further, if any governmental agency shall ever require testing to ascertain whether or not there has been any release of any Hazardous Substance or Material by, through or under Tenant or from the Demised Premises during Tenant’s occupancy of the Demised Premises, then Tenant shall reimburse Landlord the reasonable costs thereof as additional rent. In addition, upon request Tenant shall execute any affidavits or representations wherein Tenant will attest to the best of its knowledge whether or not there is any hazardous substances or materials stored or used in the Demised Premises. At its sole cost and expense, Tenant also agrees to indemnify and hold Landlord harmless from any and all damages, losses, liabilities, penalties, claims, costs, or expenses of any kind or of any nature whatsoever (including without limitation, reasonable attorney’s fees and expert’s fees) which may be imposed upon, incurred by or awarded against Landlord arising from or out of any use, storage or release of any hazardous substance or materials in, under or from the Demised Premises or the Building or any parts thereof as a result of any act or omission by Tenant, its employees, guests, invitees, successors or assigns, or any other person or entity acting at the direction of or consent of Tenant.

Hazardous Wastes. Neither TenantAs a material inducement for Landlord to enter into this Lease, its successors or assigns, nor any other person or entity acting Tenant represents and warrants that Tenant will maintain and use the Premises free from contamination by or through Tenant, shall cause or permit the escape, disposal or release of from any “Hazardous Substances, hazardous substances” or Materials“hazardous wastes” (as hereinafter such terms are defined and/or used in the Demised Premises, nor shall Tenant, its successors applicable state or assigns, or any other person or entity acting by or through Tenant, cause the escape, disposal or release of any Hazardous Substances or Materials in the Building or on the grounds. Tenant shall also not allow: (i) the storage or use of Hazardous Substances, or Materials in any manner in the Demised Premises not sanctioned by federal law or (ii) any Hazardous Materials to be brought into the Building or Demised Premises by Tenantregulations issued under them, it successors or assignsincluding, nor any other person or entity acting by or through Tenant. Hazardous Substances or Materials shall mean any hazardouswithout limitation, biologically or chemically active substance, waste or material described in the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended from time to time, or any applicable state or local laws or regulations adopted under this or any other similar acts(“CERCLA”) and the Resource Conservation and Recovery Act (“RCRA”). Further, if any governmental agency shall ever require testing to ascertain whether or not there has been any release of any Hazardous Substance or Material by, through or under Tenant or from the Demised Premises during Tenant’s occupancy of the Demised Premises, then Tenant shall reimburse Landlord not engage in or permit any tenant or subtenant of Tenant under any lease or Lease affecting the reasonable costs thereof as additional rent. In additionPremises to engage in operations at or upon the Premises which involve the generation, upon request Tenant shall execute any affidavits manufacture, refining, transportation, treatment, storage, handling or representations wherein Tenant will attest to the best disposal of its knowledge whether or not there is any hazardous substances or materials stored hazardous wastes except in strict compliance with all federal, state and local laws, regulations and rules and under and in compliance with all required permits. Tenant further covenants that it will not cause or used in permit to exist as a result of an intentional or unintentional action or omission on its part or on the Demised part of any tenant or subtenant of Tenant under any lease affecting the Premises, the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping from, on or about the Premises of any such hazardous substances or hazardous wastes. At its sole cost and expense, Tenant also agrees to indemnify and hold harmless Landlord harmless and Lessor, its subsidiaries and affiliates, and any officer, director, shareholder, employee, or any agent of Landlord or its affiliates, subsidiaries, successors or assigns (collectively, the “Indemnified Parties”), from any and all liability, damages, costs, claims, suits, actions, legal or administrative proceedings, interest, losses, liabilitiesexpenses, penaltiesand reasonable attorneys’ fees and appellate attorneys’ fees (including any such fees and expenses incurred in enforcing this indemnity) resulting from, claims, costsarising out of, or expenses in any way connected with breach or alleged breach by Tenant of the provisions of the preceding paragraph of this Paragraph, including but not limited to monetary damages, expenses, injury to or the death of any person (including that of any Indemnified Party) or physical damage to property of any kind or wherever located and by whomever owned (including that of any nature whatsoever (including without limitation, reasonable attorney’s fees and expert’s feesIndemnified Party) which may be imposed upon, incurred by or awarded against Landlord arising from or out of or in any useway connected with the presence on, in or under the Premises of any asbestos, polychlorinated biphenyls (PCB’s) or the generation, handling, storage or release disposal of any hazardous substance substances or materials in, under or from hazardous wastes in violation of the Demised Premises or provisions of the Building or any parts thereof as a result preceding paragraph of any act or omission by Tenant, its employees, guests, invitees, successors or assigns, or any other person or entity acting at this Paragraph. This indemnification is an independent covenant and shall survive the direction termination of or consent of Tenantthis Lease.

Hazardous Wastes. Neither TenantLandlord represents and warrants, its successors or assigns, nor any other person or entity acting by or through Tenant, shall cause or permit the escape, disposal or release of any “Hazardous Substances, or Materials” as hereinafter defined in the Demised Premises, nor shall Tenant, its successors or assigns, or any other person or entity acting by or through Tenant, cause the escape, disposal or release of any Hazardous Substances or Materials in the Building or on the grounds. Tenant shall also not allow: (i) the storage or use of Hazardous Substances, or Materials in any manner in the Demised Premises not sanctioned by law or (ii) any Hazardous Materials to be brought into the Building or Demised Premises by Tenant, it successors or assigns, nor any other person or entity acting by or through Tenant. Hazardous Substances or Materials shall mean any hazardous, biologically or chemically active substance, waste or material described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended from time to time, or any applicable state or local laws or regulations adopted under this or any other similar acts. Further, if any governmental agency shall ever require testing to ascertain whether or not there has been any release of any Hazardous Substance or Material by, through or under Tenant or from the Demised Premises during Tenant’s occupancy of the Demised Premises, then Tenant shall reimburse Landlord the reasonable costs thereof as additional rent. In addition, upon request Tenant shall execute any affidavits or representations wherein Tenant will attest to the best of its knowledge whether [without special inquiry] [BRACKETED LANGUAGE STRUCK OUT IN ORIGINAL], that no hazardous wastes, hazardous substances, dangerous wastes or not there is any hazardous substances other contaminants, as defined in applicable federal, state and/or local statutes or materials stored regulations ("Contaminants") are being or used have in the Demised Premisespast been generated, treated or disposed of or at the Premises or the Building. At its sole cost and expenseLandlord shall not use, Tenant also agrees to indemnify generate, treat, store or dispose of any Contaminants on the Premises or in the Building except in accordance with any law, ordinance, rule or regulation of any governmental authority having jurisdiction over the Premises or the Building. If Landlord breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Waste on the Premises or Building caused by Landlord results in contamination of the Premises or Building, then Landlord shall indemnify, defend and hold Landlord Tenant harmless from any and all claims, judgments, damages, lossespenalties, fines, costs, liabilities, penaltiesor losses (including, claims, costs, or expenses of any kind or of any nature whatsoever (including without limitation, reasonable attorney’s diminution in value of the Premises, damages for the loss or restriction on the use of Tenant's rentable or usable space, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert’s expert fees) which may be imposed upon, incurred by arise during or awarded against Landlord arising from or out of any use, storage or release of any hazardous substance or materials in, under or from after the Demised Premises or the Building or any parts thereof lease term as a result of any act Contamination. Any generation, treatment, storage, release or omission disposal of Contaminants by Tenant, its employeesemployees or agents shall not fall within the scope of the foregoing indemnity. The foregoing representations and warranties contained in this paragraph shall not be binding upon any mortgagee, guests, invitees, and such mortgagee's successors or and assigns, who holds a mortgage or deed of trust encumbering the Land and who succeeds to the interest of Landlord under this Lease as a result of foreclosure or otherwise, or upon any other person or entity acting successor in interest to Landlord who purchases the interest of Landlord in the Land at a foreclosure sale conducted for the direction benefit of or consent of Tenantsuch mortgagee.

Hazardous Wastes. Neither Tenant, its successors or assigns, nor any other person or entity acting by or through Tenant, Tenant shall cause or permit the escape, disposal or release of any “Hazardous Substancesnot cause, or Materials” as hereinafter defined in the Demised Premises, nor shall allow any of ---------------- Tenant, its successors or assigns, or any other person or entity acting by or through Tenant, 's Parties to cause the escape, disposal or release of any Hazardous Substances or Materials in the Building or on the grounds. Tenant shall also not allow: (i) the storage or use of Hazardous Substances, or Materials in any manner in the Demised Premises not sanctioned by law or (ii) any Hazardous Materials to be brought into the Building or Demised Premises by Tenantused, it successors or assignsgenerated, nor any other person or entity acting by or through Tenant. Hazardous Substances or Materials shall mean any hazardous, biologically or chemically active substance, waste or material described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended from time to time, or any applicable state or local laws or regulations adopted under this or any other similar acts. Further, if any governmental agency shall ever require testing to ascertain whether or not there has been any release of any Hazardous Substance or Material by, through or under Tenant or from the Demised Premises during Tenant’s occupancy of the Demised Premises, then Tenant shall reimburse Landlord the reasonable costs thereof as additional rent. In addition, upon request Tenant shall execute any affidavits or representations wherein Tenant will attest to the best of its knowledge whether or not there is any hazardous substances or materials stored or disposed of on or about the Premises or the Building. [Notwithstanding the foregoing, normal quantities of those Hazardous Materials customarily used in the Demised Premises. At conduct of general administrative and executive office activities (e.g., copier fluids and cleaning supplies) may be used and stored at the Premises without Landlord's prior written consent, but only in compliance with all applicable Regulations.] Notwithstanding the obligation of Tenant to indemnify Landlord pursuant to this Lease, Tenant shall, at its sole cost and expense, promptly take all actions required by any federal state or local government or political subdivision, or necessary for Landlord to make full economic use of the Premises or any portion of the Building, which requirements or necessity arises from Tenant's use or handling of Hazardous Materials upon, about, above or beneath the Premises or any portion of the Building. Such actions shall include, but shall not be limited to, the investigation of the environmental condition of the Premises or any portion of the Building, the preparation of any feasibility studies or reports and the performance of any cleanup, remedial removal or restoration work. Tenant also agrees shall take all actions necessary to indemnify restore the Premises or any portion of the Building to the condition existing prior to the introduction of Tenant's Hazardous Materials, notwithstanding any less stringent standards or remediation allowable under applicable Regulations. Tenant shall nevertheless obtain Landlord's written approval prior to undertaking any actions required by this Section, which approval shall not be unreasonably withheld so long as such actions would not potentially have a material adverse long-term or short-term effect on the Premises or any portion of the Building. As used in this Lease, "Hazardous Materials" shall include, but not be limited to, hazardous, toxic and radioactive materials and substances defined as "hazardous substances," "hazardous materials," "hazardous wastes" "toxic substances," or other similar designations in any federal state, or local law, regulation, or ordinance. Landlord shall have the right upon no less than twenty-four (24) hours' notice to Tenant (except in case of emergency) to inspect the Premises and to conduct tests and investigations as reasonably necessary to determine whether Tenant is in compliance with the foregoing provisions, the costs of all such inspections, tests and investigations to be borne by Tenant, provided, however, that such inspections, tests or investigations shall not unreasonably interfere with Tenant's use and occupancy of the Premises. Tenant shall indemnify, defend, protect and hold Landlord harmless from any and against all damagesliabilities, losses, liabilitiescost and expenses, penaltiesdemands, claimscauses of action, costsclaims or judgments directly or indirectly arising out of the use, generation, storage or expenses disposal of Hazardous Materials by Tenant or any kind or of any nature whatsoever (including Tenant's Parties, which indemnity shall include, without limitation, reasonable attorney’s fees and expert’s fees) which may be imposed upon, incurred by or awarded against Landlord arising from or out the cost of any required or necessary repair, cleanup or detoxification, and the preparation of any closure or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the use, generation, storage or release disposal of Hazardous Materials, nor the strict compliance by Tenant with all laws pertaining to Hazardous Materials shall excuse Tenant from Tenant's obligation or indemnification to this Paragraph 4.D. Tenant's obligations pursuant to the foregoing indemnity shall survive the termination of this Lease. Landlord shall indemnify, defend, protect and hold Tenant harmless from and against any hazardous substance or materials incosts incurred by Tenant resulting from claims brought against Tenant by a governmental authority attributable solely to Hazardous Materials deposited onto the Premises by Landlord (but specifically excluding Landlord's agents, under or from the Demised Premises or the Building or any parts thereof as a result of any act or omission by Tenant, its employees, guestscontractors, invitees, successors or assigns, or any other person or entity acting at the direction of or consent of Tenantemployees and tenants).

Hazardous Wastes. Neither Tenant, its successors or assigns, nor any other person or entity acting by or through Tenant, Tenant shall cause or permit the escape, disposal or release of any “Hazardous Substancesnot cause, or Materials” as hereinafter defined in the Demised Premisesallow any of Tenant’s Parties to cause, nor shall Tenant, its successors or assigns, or any other person or entity acting by or through Tenant, cause the escape, disposal or release of any Hazardous Substances or Materials in the Building or on the grounds. Tenant shall also not allow: (i) the storage or use of Hazardous Substances, or Materials in any manner in the Demised Premises not sanctioned by law or (ii) any Hazardous Materials to be brought into used, generated, stored or disposed of on or about the Premises, Building or Demised Premises by Tenantthe Project. As used in this Lease, it successors or assigns“Hazardous Materials” shall include, nor any other person or entity acting by or through Tenant. Hazardous Substances or Materials shall mean any but not be limited to, hazardous, biologically toxic and radioactive materials and those substances defined as “hazardous substances,” “hazardous materials,” “hazardous wastes,” “toxic substances,” or chemically active substanceother similar designations in any federal, waste or material described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended from time to timestate, or any applicable state local law, regulation, or local laws or regulations adopted under this or any other similar actsordinance. FurtherLandlord shall have the right at all reasonable times to inspect the Premises and to conduct tests and investigations to determine whether Tenant is in compliance with the foregoing provisions. The costs of all such inspections, if any governmental agency tests and investigations shall ever require testing be considered a Basic Operating Cost, to ascertain whether or not there has been any release of any Hazardous Substance or Material by, through or under be borne by Tenant or from the Demised Premises during Tenant’s occupancy of the Demised Premises, then as set forth herein. Tenant shall reimburse Landlord the reasonable costs thereof as additional rent. In additionindemnify, upon request Tenant shall execute any affidavits or representations wherein Tenant will attest to the best of its knowledge whether or not there is any hazardous substances or materials stored or used in the Demised Premises. At its sole cost and expensedefend, Tenant also agrees to indemnify protect and hold Landlord harmless from any and against all damagesliabilities, losses, liabilitiescosts and expenses, penaltiesdemands, claimscauses of action, costsclaims or judgments directly or indirectly arising out of the use, generation, storage or expenses disposal of Hazardous Materials by Tenant or any kind or of any nature whatsoever (including Tenant’s Parties, which indemnity shall include, without limitation, reasonable attorney’s fees and expert’s fees) which may be imposed upon, incurred by or awarded against Landlord arising from or out the cost of any required or necessary repair, cleanup or detoxification, and the preparation of any closure or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Xxxxxxxx to the use, generation, storage or release disposal of any hazardous substance or materials in, under or Hazardous Materials nor the strict compliance by Tenant with all laws pertaining to Hazardous Materials shall excuse Tenant from Tenant’s obligation of indemnification pursuant to this Section. Tenant’s obligations pursuant to the Demised Premises or foregoing indemnity shall survive the Building or any parts thereof as a result termination of any act or omission by Tenant, its employees, guests, invitees, successors or assigns, or any other person or entity acting at the direction of or consent of Tenantthis Lease.

Hazardous Wastes. Neither Tenant, its successors or assigns, nor any other person or entity acting by or through Tenant, shall cause or permit the escape, disposal or release of any “Hazardous Substances, or Materials” as hereinafter defined in the Demised Premises, nor shall Tenant, its successors or assigns, or any other person or entity acting by or through Tenant, cause the escape, disposal or release of any Hazardous Substances or Materials in the Building or on the grounds. Tenant shall also not allow: (i) the storage or use of Hazardous Substances, or Materials in any manner in the Demised Premises not sanctioned by law or (ii) any Hazardous Materials to be brought into the Building or Demised Premises by Tenant, it successors or assigns, nor any other person or entity acting by or through Tenant. Hazardous Substances or Materials shall mean any hazardous, biologically or chemically active substance, waste or material described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended from time to time, or any applicable state or local laws or regulations adopted under this or any other similar acts. Further, if any governmental agency shall ever require testing to ascertain whether or not there has been any release of any Hazardous Substance or Material by, through or under Tenant or from the Demised Premises during Tenant’s occupancy of the Demised Premises, then Tenant shall reimburse Landlord the reasonable costs thereof as additional rent. In addition, upon request Tenant shall execute any affidavits or representations wherein Tenant will attest to the best of its knowledge whether or not there is any hazardous substances or materials stored or used in the Demised Premises. At its sole cost and expense, Tenant also hereby agrees to indemnify Landlord and hold Landlord harmless from and against any and all damages, losses, liabilities, penaltiesincluding reasonable attorney's fees, claimscosts of any settlement or judgment and claims of any and every kind whatsoever paid incurred or suffered by or asserted against Landlord by any person or entity or Governmental agency for, costswith respect to, or expenses the escape, seepage, leakage, spillage, discharge, omission, discharging or release from the Premises of any kind or of any nature whatsoever hazardous substance (including without limitation, any losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorney’s fees and expert’s attorneys' fees) which may be imposed upon, incurred by or awarded against Landlord arising from or out costs of any usesettlement or judgment or claims asserted or arising under the Comprehensive Environmental Response Compensation and Liability Act, storage any so called federal, state or local SuperFund, SuperLien Laws, statutes, law, ordinance, code, rule, regulation, order or decree regulating with respect to or opposing liability, including strict liability, substances or standards of conduct concerning any hazardous substance), (ii) any additional costs required to take necessary precautions to protect against the release of hazardous substances located on, in, under, or affecting the Premises into the air, any body of water, or other public domain, or into any surrounding areas, and (iii) any costs incurred to comply in connection with all or any portion of the Premises with all applicable laws, orders, judgments and regulations with respect to hazardous wastes, whether or not Landlord is still the owner of the Premises. For purposes of this instrument "hazardous substances" shall mean and include those elements or compounds which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency (EPA) or the list of toxic pollutants designated by Congress or the EPA or defined by any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or materials in, under material as now or from the Demised Premises or the Building or any parts thereof as a result of any act or omission by Tenant, its employees, guests, invitees, successors or assigns, or any other person or entity acting at the direction of or consent of Tenantanytime in effect.

Hazardous Wastes. Neither TenantTenant shall no knowingly suffer, its successors permit, introduce or assignsmaintain in, nor on or about any other person or entity acting by or through Tenantportion of the Property, shall cause or permit the escapeany asbestos, disposal or release of any “Hazardous Substancespolychlorinated biphenyls, or Materials” as hereinafter defined in the Demised Premises, nor shall Tenant, its successors or assigns, petroleum products or any other person hazardous or entity acting by toxic materials, wastes and substances which are defined, determined or through Tenant, cause the escape, disposal or release of any Hazardous Substances or Materials in the Building or on the grounds. Tenant shall also not allow: (i) the storage or use of Hazardous Substances, or Materials identified as such in any manner in the Demised Premises not sanctioned by law or (ii) any Hazardous Materials to be brought into the Building or Demised Premises by Tenantfederal, it successors or assigns, nor any other person or entity acting by or through Tenant. Hazardous Substances or Materials shall mean any hazardous, biologically or chemically active substance, waste or material described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended from time to time, or any applicable state or local laws laws, rules or regulations adopted under this (whether now existing or hereafter enacted or promulgated) or any other similar acts. Further, if any governmental agency shall ever require testing to ascertain whether judicial or not there has been any release administrative interpretation of any thereof, including any judicial or administrative orders of judgments. Any such asbestos, polychlorinated biphenyls, petroleum products and any such other materials, wastes and substances are herein collectively called "Hazardous Substance or Material by, through or under Tenant or from the Demised Premises during Tenant’s occupancy of the Demised Premises, then Materials." Tenant shall reimburse Landlord the reasonable costs thereof as additional rent. In additionindemnify, upon request Tenant shall execute any affidavits or representations wherein Tenant will attest to the best of its knowledge whether or not there is any hazardous substances or materials stored or used in the Demised Premises. At its sole cost protect, and expense, Tenant also agrees to indemnify and hold save Landlord harmless against and from any and all damages, losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, proceedings, costs, disbursements or expenses of any kind or of any nature whatsoever (including including, without limitation, reasonable attorney’s attorneys' and experts' fees and expert’s feesdisbursements) which may at any time be imposed upon, incurred by or asserted or awarded against Landlord and arising from or out of any useHazardous Materials on, storage or release of any hazardous substance or materials in, under or from the Demised Premises or the Building or any parts thereof as a result affecting all of any act portion of the Property or omission that are introduced by Tenant, its employeesemployees or invitees including, guestswithout limitation, invitees, successors or assigns, (i) the costs of removal of any and all Hazardous Materials from all or any portion of the Property, (ii) additional costs required to take necessary precautions to protect against the release of Hazardous Materials on, in, under or affecting the Property into the air, any body or water, any other person public domain or entity acting any surrounding areas, and (iii) any costs incurred to comply, in connection with all or any portion of the property with all applicable laws, orders, judgments and regulations with respect to Hazardous Materials. The preceding portions of this provision do not apply to Hazardous Materials that are located on the Property at or before the direction initial commencement of any work, construction, repairs or consent alterations therein by Tenant or to any Hazardous Materials introduced into the Property by anyone other than Tenant, its employees or invitees. The obligations of TenantTenant under this Section 46 shall survive the expiration or earlier termination of this Lease.

Hazardous Wastes. Neither Tenant, its successors or assigns, nor any other person or entity acting by or through Tenant, shall cause or permit the escape, disposal or release of any “Hazardous SubstancesTenxxx xxxxx xxt cause, or Materials” as hereinafter defined in the Demised Premisesallow any of Tenant's Parties to cause, nor shall Tenant, its successors or assigns, or any other person or entity acting by or through Tenant, cause the escape, disposal or release of any Hazardous Substances or Materials in the Building or on the grounds. Tenant shall also not allow: (i) the storage or use of Hazardous Substances, or Materials in any manner in the Demised Premises not sanctioned by law or (ii) any Hazardous Materials to be brought into used, generated, stored or disposed of on or about the Premises, the Building or Demised Premises by Tenantthe Project, it successors or assignsexcept for those Hazardous Materials listed on Exhibit "F" attached hereto, nor any other person or entity acting by or through Tenantwhich shall be permitted so long as Tenant uses, stores and handles the same in compliance with all laws. As used in this Lease, "Hazardous Substances or Materials Materials" shall mean any include, but not be limited to, hazardous, biologically toxic and radioactive materials and those substances defined as "hazardous substances," "hazardous materials," "hazardous wastes," "toxic substances," or chemically active substanceother similar designations in any federal, waste or material described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended from time to time, or any applicable state or local laws law, regulation or regulations adopted under ordinance. Landlord shall have the right at all reasonable times to inspect the Premises and to conduct tests and investigations to determine whether Tenant is in compliance with the foregoing provisions, and if same indicate Tenant has violated any laws, breached this Lease or any other similar acts. Further, if any governmental agency shall ever require testing to ascertain whether or not there has been any release of any Hazardous Substance or Material by, through or under Tenant or from contaminated the Demised Premises during Tenant’s occupancy of the Demised Premises, then Building or Project in any way, in addition to any and all rights and remedies of Landlord, the costs of all inspections, tests and investigations to be borne by Tenant. Tenant shall reimburse Landlord the reasonable costs thereof as additional rent. In additionindemnify, upon request Tenant shall execute any affidavits or representations wherein Tenant will attest to the best of its knowledge whether or not there is any hazardous substances or materials stored or used in the Demised Premises. At its sole cost and expensedefend, Tenant also agrees to indemnify protect and hold Landlord harmless from any and against all damagesliabilities, losses, liabilitiescosts and expenses, penaltiesdemands, claimscauses of action, costsclaims or judgments directly or indirectly arising out of the use, generation, storage or expenses disposal of Hazardous Materials by Tenant or any kind or of any nature whatsoever (including Tenant's parties, which indemnity shall include without limitation, reasonable attorney’s fees and expert’s fees) which may be imposed upon, incurred by or awarded against Landlord arising from or out the cost of any required or necessary repair, cleanup or detoxification, and the preparation of any closure or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the use, gxxxxxxxxn, storage or release disposal of any hazardous substance or materials in, under or Hazardous Materials nor the strict compliance by Tenant with all laws pertaining to Hazardous Materials shall excuse Tenant from Tenant's obligation of indemnification pursuant to this Paragraph 4.D. Tenant's obligations xxxxxxxx to the Demised Premises or foregoing indemnity shall survive the Building or any parts thereof as a result termination of any act or omission by Tenant, its employees, guests, invitees, successors or assigns, or any other person or entity acting at the direction of or consent of Tenantthis Lease.