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5. HRSR 12-03-2007
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5. HRSR 12-03-2007
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7/2/2008 2:53:15 PM
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City Government
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HRSR
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12/3/2007
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at law or in equity which Landlord may have by reason of such default or <br />breach. <br />In the event of any breach of this Lease Agreement by Tenant, Landlord shall have the <br />immediate right of re-entry and possession of the Leased Premises; which such right remains <br />continuous until such time as Tenant shall have cured such default. Additionally, Landlord shall <br />have the right to terminate this Lease Agreement by written notice of such intention to Tenant. <br />19. COMPLIANCE WITH LAWS. Tenant shall comply with all laws and <br />regulations concerning the Leased Premises or Tenant's use of the Leased Premises, including, <br />without limitation, the obligation to comply with any code, law or regulation that requires <br />alterations, additions or restoration to the Leased Premises. If the laws of any government body <br />prohibit Tenant from using the Leased Premises in its present condition as provided in Paragraph <br />No. 6, Tenant can elect to terminate this Lease Agreement on notice being given to Landlord <br />within thirty (30) days after Tenant has learned that its use of the Leased Premises will be <br />prohibited. In the event Tenant elects to terminate this Lease Agreement as allowed in this Lease <br />Agreement, on the date of the termination, the parties shall be released from further liabilities <br />and obligations. <br />20. ENVIRONMENTAL MATTERS. As used herein, the term "hazardous <br />substances" means any hazardous or toxic substance, material or waste which is or becomes <br />regulated by any local, state or federal governmental authority. The term "hazardous substances" <br />includes but is not limited to any material substance which is (i) designated as a "hazardous <br />substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. <br />Section 1317); (ii) defined as a "hazardous substance" pursuant to Section 1004 of the Federal <br />Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq. (42 U.S.C. Section <br />6903); or (iii) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive <br />Environmental Response Compensation and Liability Act (42 U.S.C. Section 9601, et seq.). As <br />used herein, the term, "environmental requirements" means all laws, ordinances, rules, <br />regulations, orders and other requirements of any government or public authority now in force or <br />which may hereafter be in force relating to protection of human health or the environment, <br />including all requirements pertaining to reporting, licensing permitting, investigation and <br />remediation of emissions, discharges, storage, disposal or releases of hazardous substances and <br />all requirements pertaining to the protection of the health and safety of employees or the public. <br />Tenant shall not permit or conduct the generation, treatment, storage or disposal on, in or about <br />the Leased Premises of any hazardous substances without prior written notice to Landlord. Any <br />such notice to Landlord shall be in writing and shall demonstrate to the reasonable satisfaction of <br />Landlord that such hazardous substances are necessary to the business of Tenant and will be <br />generated, treated, stored or disposed of in a manner that complies with all environmental <br />requirements. Any such generation, treatment, storage or disposal of any hazardous substances <br />by Tenant hereunder shall be in compliance with all environmental requirements. Tenant shall <br />indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, <br />liabilities, damages, fines, encumbrances, liens, losses, costs and expenses, including reasonable <br />attorney's fees and disbursements, and costs and expenses of investigations, arising from or <br />related to the existence of hazardous substances in or on the leased premises as a result of the <br />acts or omissions of Tenant. <br />2109788v3 5 <br />
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