REQUIREMENTS OF LAW.
A. GENERAL.
During the term of this Lease (as same may beextended), Tenant shall, at all times and from time to time at its own cost and expense, promptly observe, comply with and conform the Demised Premises to all present and future laws, ordinances,requirements, orders, directives, rules and regulations of the Federal, State,County, Town, Municipal and local governments and of all other governmentalauthorities affecting the Demised Premises or any part thereof, and Tenantshall pay all costs, expenses, liabilities, losses, damages, fines, penalties,claims and demands, including reasonable attorneys' fees, that may in anymanner arise out of 产生于or be imposed uponLandlord because of the failure of Tenant to comply with遵守 the covenantsof this paragraph 9 including but not limited to issuing and maintaining the Certificate of Occupancy or the like.
B. ENVIRONMENTAL LAWS.
(1) Tenant shall, at Tenant's own cost and expense,comply with 遵守all Environmental Laws. Tenant shall, at Tenant's own expense, keep and maintain the DemisedPremises free from使免于 leaks or spills of Hazardous Materials and free from contamination of Hazardous Materials.
(2) Tenant hereby warrants and represents保证 to Landlordthat Tenant's operation does not and will not include the generation, storage,handling, treatment or manufacturing of any Hazardous Material. Tenant agrees that the Landlord shall havethe right to make reasonable inspections for the purposes of determiningcompliance. Should the representations and covenants of this paragraph be breached or prove to be false, Landlord may terminate this Lease解除租约 and declare thisLease in default and, in addition to all other remedies available to Landlordas set forth herein, Landlord may require Tenant to remove all Hazardous Material introduced into the subject premises by Tenant at Tenant's sole costand expense or Landlord may do same at Tenant's sole cost and expense, ifTenant fails or refuses to do so after reasonable notice from Landlord toTenant, performing all engineering or other tests required to assure Landlordand all interested governmental agencies that the Demised Premises have beenrestored to a safe condition and that same may be transferred by Landlord toany tenant or purchaser in accordance with law.
(3) Tenant shall, at Tenant's own expense, make allsubmissions to, provide all information to, and comply with all requirementsof, the New Jersey Department of Environmental Protection("NJDEP")(formerly the New Jersey Department of EnvironmentalProtection and Energy), or it’s successor, legally required by its activitieson the premises. Tenant shall not permitany spills or discharge of Hazardous Material at the Demised Premises. Should the NJDEP determine that a cleanupplan must be prepared and that a cleanup must be undertaken because of anyspills or discharges of Hazardous Material at the Demised Premises resultingfrom the use of the premises by Tenant which occurred during the term of thisLease, then Tenant shall, at Tenant's own expense, prepare and submit therequired plans and financial assurances, and carry out the approved plans. Nothing contained herein, however, shallpermit the generation, manufacture, treatment, handling, storage, spill ordischarge of Hazardous Material.
(4) Tenant agrees to make any applications pursuant to ISRA at least six (6) months prior to any sale of the Demised Premises orclosing, terminating or transferring of Tenant’s operations at the DemisedPremises. At no expense to Landlord,Tenant shall promptly provide all information requested by Landlord forpreparation of ISRA submissions related to Tenant and its operations and shallpromptly sign such ISRA submissions when requested by Landlord.
(5) (i) At least ninety (90) days prior to Tenant’stermination of its lease, and any extensions thereof, Tenant agrees to seek adetermination from the NJDEP or it’s successor, in the form of a Letter ofNon-Applicability (“LNA”), that the New Jersey Industrial Site Recovery Act,N.J.S.A. l3:lK-6 et seq. (“ISRA”), is inapplicable to the Tenant’s cessation ofoperations and termination of its lease. In the event that Tenant obtains an LNA from the NJDEP pursuant to thissubsection, Landlord agrees to accept an LNA in full and complete satisfactionof the obligations of this subsection. Tenant represents, warrants, and covenants that any informationcontained in any application for an LNA submitted pursuant to this subsectionis true and complete. Tenant representsthat the Standard Industrial Classification (SIC) number applicable to Tenant’soperations would not subject this transaction to the requirements of ISRA. If at any time Tenant’s operations wouldsubject this transaction to the requirements of ISRA, Tenant agrees to fullycomply with all of the provisions of ISRA and all regulations promulgated thereto(or under its predecessor statute, the Environmental Cleanup ResponsibilityAct, as applicable) prior to the expiration or earlier termination of thisLease, or at any time that any action of the Tenant triggers the applicabilityof ISRA. The within covenants shallsurvive the expiration or earlier termination of the lease term.
(ii) In the event在...情况下 that an LNA is denied by NJDEP, notice of such denial will be givento Landlord within two (2) business days of Tenant’s receipt of NJDEP’s denialof the LNA. Tenant shall satisfy its obligations under ISRA prior to its lease termination date: (l) by securing anapproval of the Tenant’s Negative Declaration; or (2) by securing an approvalof the Tenant’s Remedial Action Workplan, and completing the implementation ofsuch Plan, and obtaining from NJDEP a “No Further Action” letter. Tenant shall bear sole responsibility for anyinvestigation and cleanup costs, fees, penalties, or damages associated withISRA compliance. In the event thatTenant is unable to complete its ISRA compliance obligations by the date of itslease termination, Landlord shall continue to provide Tenant with reasonableaccess to the Demised Premises, provided that any work undertaken by Tenantshall be performed in such a manner as to minimize interference with Landlord’sISRA compliance. In the event thatTenant is unable to complete its ISRA compliance obligations by the date of itslease termination, Landlord shall continue to provide Tenant with reasonableaccess to the Demised Premises, provided that any work undertaken by Tenantshall be performed in such a manner to minimize interference with Landlord’s orany other tenant’s use of the Demised Premises. However, Landlord reserves its rights to deem Tenant a holdover tenant inthe event that Tenant does not comply with the ISRA requirements as stipulatedin this Lease by the end of the lease term.
(iii)Tenantshall provide Landlord with copies of all correspondence, documents andreports, including sampling results submitted to or received from anygovernmental agency or third party in connection with Tenant’s compliance with ISRA.
(6) Tenant shall indemnify, defend and save harmless Landlord from all fines, suits, procedures,claims, actions of any kind and all losses, damages and expenses (including,without limitation, attorneys' fees) arising out of 产生于or in any way connected with以任何方式相关联的 any (a) spills or discharges of Hazardous Material and air, water orground pollution at the Demised Premises which occur during the term of thisLease resulting from Tenant's use of the premises; (b) Tenant's failure toprovide all information, make all submissions and take all actions requiredpursuant to ISRA; and/or (c) violation of any Environmental Law.
(7) Landlord andTenant agree to cooperate with each other and provide such documents,affidavits and information as may be reasonably necessary for Landlord andTenant to comply with ISRA.
(8) Tenant'sobligations under this paragraph shall be enforceable 可强制执行的by injunction禁令.
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