such material default or breach of Tenant, Landlord may at any time
<br />thereafter without limiting Landlord in the exercise of any right or remedy
<br />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 enviromnental
<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 />2109788v4
<br />
|