+1
<br /> aforesaid purposes required by any governmental authority having
<br /> jurisdiction over the use thereof. Tenant's failure to maintain
<br /> such permits, licenses, and similar authorizations shall not
<br /> relieve Tenant from the performance of its obligations and
<br /> covenants hereunder (except obligations and covenants as may be
<br /> prohibited by law) , nor from the obligations to pay Base Rent or
<br /> Additional Rent, as set forth herein. Tenant shall, at
<br /> Landlord's request, join with Landlord in executing,
<br /> acknowledging, and delivering any and all petitions, consents,
<br /> subordinations, plats, or easement deeds that may be required for
<br /> the installation of any utilities, public improvements, roads,
<br /> water lines, sewer lines, storm drainage facilities, subdivision,
<br /> rezoning, special use, platting, or other similar development of
<br /> the Premises, which do not affect Tenant's use of the Premises
<br /> during the Term.
<br /> ARTICLE 21.
<br /> COMPLIANCE WITH LAW
<br /> 21. 1) Tenant, at its sole expense, shall promptly comply with
<br /> all laws, ordinances, and requirements of federal, state, county,
<br /> and municipal authorities relating to Tenant's use and occupation
<br /> of the Premises, and with any lawful order or direction of any
<br /> public officer relating to Tenant' s use and occupation of the
<br /> Premises during the Term of the Lease. Nothing herein contained,
<br /> however, shall prohibit Tenant from appealing from or contesting
<br /> the validity or legality of such laws, ordinances, requirements,
<br /> orders, or directions and, notwithstanding the foregoing
<br /> provisions of this Article, Tenant shall not be deemed to be in
<br /> default hereunder so long as Tenant diligently prosecutes such
<br /> appeal or contest.
<br /> 21.2) Neither Tenant, nor any entity or person shall, at any
<br /> time during the Term: (i) "release" or actively or passively
<br /> consent to the "release" or "threatened release" of any Hazardous
<br /> Substance (as defined below) from any "facility" or vessel"
<br /> located on or used in connection with the Premises; or (ii) take
<br /> any action in "response" to a "release" in connection with the
<br /> Premises except with Landlord's prior written consent; or (iii)
<br /> otherwise engage in any activity or omit to take any action which
<br /> could subject Landlord or Tenant to claims for intentional or
<br /> negligent torts, strict or absolute liability, either pursuant to
<br /> statute or common law, in connection with Hazardous Substances
<br /> (as defined below) located in the Premises, including the
<br /> generating, transporting, treating, storage, or manufacture of
<br /> any Hazardous Substance (as defined below) . The terms set within
<br /> quotation marks above shall have the meaning given to them in the
<br /> Comprehensive Environmental Response and Liability Act, 42 U.S.C.
<br /> § 9601 et seg. , as amended by SARA (CERCLA) and the Minnesota
<br /> Environmental Response and Liability Act, Minn. Stats. Ch. 115B
<br /> (MERLA) . "Hazardous Substances" means hazardous waste, toxic
<br /> substances, formaldehyde, urea, polychlorinated biphenyls,
<br /> asbestos, petroleum, natural gas, synthetic gas usable for fuel
<br /> 14.
<br />
|