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(08) "Hazardous Substances" means toxic or hazardous substances or wastes, pollutants
<br /> or contaminants (including, without limitation, asbestos, urea formaldehyde, the group of
<br /> organic compounds known as polychlorinated biphenyls, petroleum products including
<br /> gasoline, fuel oil, crude oil and various constituents of such products, and any hazardous
<br /> substance as defined in the Comprehensive Environmental Response, Compensation and
<br /> Liability Act of 1980, 42 U.S.C. Sec. 9601-9657, as amended ("CERCLA") or any similar
<br /> federal, state or local law, regulation or ordinance; substances or conditions that may support
<br /> a claim or cause of action under the Resource Conservation and Recovery Act of 1976, 42
<br /> U.S.C. Sec. 6901 et 5tq., as amended from time to time ("RCRA"), or any similar federal,
<br /> state or local law, regulation or ordinance; pollutants, effluents or emissions subject to
<br /> regulation pursuant the Federal Water Pollution Control Act, 33 U.S.C. Sec. 1251 gt
<br /> or the Clean Air Act, 42 U.S.C. Sec. 7401 et ems., or any similar federal, state or local law,
<br /> regulation or ordinance, or any substances or conditions, pollutants, effluents or emissions
<br /> subject to regulation pursuant to the Minnesota Environmental Response and Liability Act,
<br /> Minn. Stat. I I 5 ("MERLA")or the Minnesota Petroleum Tank Release Cleanup Act, Minn.
<br /> Stat. I I5C; or any other state, federal or local environmental statutes, regulations, ordinances
<br /> or other environmental regulatory requirements that are now or may in the future be enacted.
<br /> (09) "Improvements" means all improvements, including the Building, parking lots,
<br /> utilities, landscaping, lighting and all other structures and improvements to be located on the
<br /> Leasehold Property as described in the Construction Plans.
<br /> (10) "Leasehold Property" means the real property described in Exhibit A of this Lease
<br /> Agreement.
<br /> (11) "Substantial Completion" or "Substantially Complete" shall mean completion of
<br /> construction of the Improvements by Lessee in accordance with the Construction Plans, as
<br /> verified by an inspection of the Improvements by Lessor or its designee, together with an as-
<br /> built appraisal by an appraiser acceptable to Lessor, provided at Lessee's sole expense,
<br /> certifying that the completed value of the Improvements(excluding the value of the Leasehold
<br /> Property) is no less than Six Hundred Thirty Thousand Dollars ($630,000.00).
<br /> ARTICLE 2.
<br /> DEMISE OF PROPERTY
<br /> 2.1) Demise of Property - Lessor agrees to and hereby does demise and lease to Lessee,
<br /> and Lessee agrees to and hereby does lease from Lessor, the Leasehold Property for the rental and
<br /> pursuant to the terms of this Lease Agreement.
<br /> 2.2) Term of the Lease-This Lease Agreement shall be dated and shall become effective
<br /> upon its execution by Lessor and Lessee. The leasehold estate created in this Lease Agreement shall
<br /> begin and remain in full force and effect from the date of this Lease Agreement and, subject to the
<br /> terms, covenants, agreements and conditions contained in this Lease Agreement, shall expire thirty
<br /> (30) calendar years from the date of this Lease Agreement (the "Term"); provided, however, that so
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