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condition in which it existed upon start of construction, reasonable wear and tear
<br />~senaH4e-EentreF excepted.
<br />18. Hazardous Material.
<br />(a) As of the Effective Date of this Agreement: (1) Tenant hereby represents and warrants that it shall not use, generate,
<br />handle, store or dispose of any Hazardous Material in, on, under, upon or affecting the Land in violation of any Environmental Law
<br />(as defined below), and (2) Landlord hereby represents and warrants that (i) it has no knowledge of the presence of any Hazardous
<br />Material located iu, on, under, upon or affecting the Land in violation of any Environmental Law; (ii) no notice has been received by
<br />or on behalf of Landlord from, and Landlord has no knowledge that notice has been given to any predecessor owner or operator of the
<br />Land by, any governmental eutity or any person or entity claiming any violation of, or requiring compliance with any Environmental
<br />Law for any environmental damage (or the presence of any Hazardous Material) in, on, under, upon or affecting the Land; and (iii) it
<br />will not permit itself or any third party to use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon, or
<br />affecting the Land in violation of any Environmental Law.
<br />(b) Without limiting Paragraph 14, Landlord and Tenant shall each indemnify, defend and hold [he other harmless from
<br />and against all Losses (specifically including, without limitation, attorneys', engineers', consultants' and experts' fees, costs and
<br />expenses) arising from (i) any breach of any representation or warranty made in [his Paragraph 18 by such party; and/or (ii)
<br />environmental conditions or noncompliance with any Environmental Law (as defined below) that result, in the case of Tenant, from
<br />operations in or about the Land by Tenant or Tenant's agents, employees or contractors, and in the case of Landlord, from the
<br />ownership or control of, or operations in or about, the Land by Landlord or Landlord's predecessors in interest, and their respective
<br />agents, employees, contractors, tenants, guests or other parties. The provisions of this Paragraph 18 shall apply as of the Effective
<br />Date of this Agreement and survive termination of this Agreement.
<br />(c) "Hazardous Material" means any solid, gaseous or liquid wastes (including hazardous wastes), regulated
<br />substances, pollutants or contaminants or terms of similar import, as such terms are defined in any Environmental Law, and shall
<br />include, without limitation, any petroleum or petroleum products or by-products, flammable explosives, radioactive materials,
<br />sbestos in any form, polychlorinated biphenyls and any other substance or material which constitutes a threat [o health, safety,
<br />,,roperty or the environment or which has been or is in the future determined by any governmental entity to be prohibited, limited or
<br />regulated by any Environmental Law.
<br />(d) "Environmental Law" means any and all present or future federal, state or local laws, rules, regulations, codes,
<br />ordinances, or by-laws, and any judicial or administrative interpretations thereof, including orders, decrees, judgments, rulings,
<br />directives or notices of violation, that create duties, obligations or liabilities with respect to: (i) human health; or (ii) environmental
<br />pollution, impairment or disruption, including without limitation, laws governing the existence, use, storage, treatment, discharge,
<br />release, containment, transportation, generation, manufacture, refinement, handling, production, disposal, or management of any
<br />Hazardous Material, or otherwise regulating or providing for the protection of the environment.
<br />19. Miscellaneous.
<br />(a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers,
<br />negotiations and other agreements concerning the subject matter contained herein. Any amendments to [his Agreement must be in
<br />writing and executed by both parties.
<br />(b) Both parties represent and warrant that their use of the Laud and their real and personal property located thereon is
<br />in compliance with all applicable, valid and enforceable statutes, laws, ordinances and regulations of any competent government
<br />authority.
<br />(c) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of [his
<br />Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be
<br />affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
<br />(d) This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the
<br />respective parties.
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