|
costs, and liabilities, including attorney's fees and costs, arising out of or in connection
<br />with the cleanup or restoration of the Leased Premises associated with the Tenant's
<br />use of Hazardous Materials. For purposes of this Lease, "Hazardous Materials" shall
<br />be interpreted broadly and specifically includes, without limitation, asbestos, fuel,
<br />batteries or any hazardous substance, waste, or materials as defined in any federal,
<br />state, or local environmental or safety law or regulations including, but not limited to,
<br />CERCLA.
<br />(c) Tenant's Warranty. Tenant represents and warrants that its use of the
<br />Leased Premises will not generate and Tenant will not store or dispose of on the
<br />Leased Premises, nor transport to or over the Leased Premises, any Hazardous
<br />Materials, unless Tenant specifically informs Landlord thereof in writing twenty four
<br />hours prior to such storage, disposal or transport, or otherwise as soon as Tenant
<br />becomes aware of the existence of Hazardous Materials on the Leased Premises. The
<br />obligations of this Paragraph 9 shall survive the expiration or other termination of this
<br />Lease.
<br />(d) Landlord's Warranty. Landlord represents, warrants and agrees (1) that
<br />neither Landlord nor, to Landlord's knowledge, any third party has used, generated,
<br />stored or disposed of, or permitted the use, generation, storage or disposal of, any
<br />Hazardous Materials on, under about or within the Land in violation of any law or
<br />regulation, and (2) that Landlord will not and will not permit any third party to use,
<br />generate, store or dispose of any Hazardous Material on, under, about or within the
<br />Land in violation of any law or regulation. Landlord agrees to defend, indemnify and
<br />hold harmless Tenant and its partners, affiliates, agents and employees against any
<br />and all losses, liabilities, claims and /or costs (including reasonable attorney's fees and
<br />costs) arising from any breach of any representation, warranty or agreement contained
<br />in this paragraph. This paragraph shall survive the termination of this Agreement.
<br />10. Insurance.
<br />(a) Workers' Compensation. The Tenant must maintain Workers'
<br />Compensation insurance in compliance with all applicable statutes. The policy shall
<br />also provide Employer's Liability coverage with limits of not less than $500,000 Bodily
<br />Injury each accident, $500,000 Bodily Injury by disease, policy limit, and $500,000
<br />Bodily Injury by disease, each employee.
<br />(b) General Liability. The Tenant must maintain an occurrence form
<br />comprehensive general liability coverage. Such coverage shall include, but not be
<br />limited to, bodily injury, property damage -- broad form, and personal injury, for the
<br />hazards of Premises /Operation, broad form, contractual, independent contractors, and
<br />products /completed operations.
<br />The Tenant must maintain aforementioned comprehensive general liability
<br />coverage with limits of liability not less than $1,000,000 each occurrence; $1,000,000
<br />personal and advertising injury; $2,000,000 general aggregate, and $2,000,000
<br />6
<br />
|