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assessment of the Premises upon termination of the Lease and shall furnish Lessor a copy of such
<br /> report,at Lessee's sole cost and expense.
<br /> D. Without limitation of the provisions of Section 12 of this Exhibit B,Lessee shall
<br /> be responsible for all damages, losses, costs, expenses, claims, fines and penalties related in any
<br /> manner to any Hazardous Substance use of the Premises (or any property in proximity to the
<br /> Premises) during the term of this Lease or, if longer, during Lessee's occupancy of the Premises,
<br /> regardless of Lessor's consent to such use or any negligence, misconduct or strict liability of any
<br /> Indemnified Party(as defined in Section 12),and including,without limitation,(i)any diminution
<br /> in the value of the Premises and/or any adjacent property of any of the Indemnified Parties,and(ii)
<br /> the cost and expense of clean-up,restoration,containment,remediation,decontamination,removal,
<br /> investigation,monitoring,closure or post-closure. Notwithstanding the foregoing,Lessee shall not
<br /> be responsible for Hazardous Substances(i)existing on,in or under the Premises prior to the earlier
<br /> to occur of the commencement of the term of the Lease or Lessee's taking occupancy of the
<br /> Premises,or(ii)migrating from adjacent property not controlled by Lessee,or(iii)placed on,in or
<br /> under the Premises by any of the Indemnified Parties; except where the Hazardous Substance is
<br /> discovered by,or the contamination is exacerbated by,any excavation or investigation undertaken
<br /> by or at the behest of Lessee. Lessee shall have the burden of proving by a preponderance of the
<br /> evidence that any of the foregoing exceptions to Lessee's responsibility for Hazardous Substances
<br /> applies.
<br /> E. In addition to the other rights and remedies of Lessor under this Lease or as may
<br /> be provided by law,if Lessor reasonably determines that the Premises may have been used during
<br /> the term of this Lease or any prior lease with Lessee for all or any portion of the Premises, or are
<br /> being used for any Hazardous Substance use, with or without Lessor's consent thereto, and that a
<br /> release or other contamination may have occurred,Lessor may,at its election and at any time during
<br /> the life of this Lease or thereafter(i)cause the Premises and/or any adjacent premises of Lessor to
<br /> be tested, investigated, or monitored for the presence of any Hazardous Substance, (ii) cause any
<br /> Hazardous Substance to be removed from the Premises and any adjacent lands of Lessor,(iii)cause
<br /> to be performed any restoration of the Premises and any adjacent lands of Lessor,and(iv)cause to
<br /> be performed any remediation of,or response to,the environmental condition of the Premises and
<br /> the adjacent lands of Lessor, as Lessor reasonably may deem necessary or desirable, and the cost
<br /> and expense thereof shall be reimbursed by Lessee to Lessor within thirty(30)days after rendition
<br /> of Lessor's bill. In addition, Lessor may, at its election, require Lessee, at Lessee's sole cost and
<br /> expense, to perform such work, in which event, Lessee shall promptly commence to perform and
<br /> thereafter diligently prosecute to completion such work, using one or more contractors and a
<br /> supervising consulting engineer approved in advance by Lessor.
<br /> F. For purposes of this Section 7,the term"Hazardous Substance"shall mean(i)those
<br /> substances included within the definitions of"hazardous substance","pollutant", "contaminant",or
<br /> "hazardous waste", in the Comprehensive Environmental Response, Compensation and Liability
<br /> Act of 1980, 42 U.S.C. §§9601, et SeMc., as amended or in RCRA, the regulations promulgated
<br /> pursuant to either such Act, or state laws and regulations similar to or promulgated pursuant to
<br /> either such Act, (ii) any material, waste or substance which is (A) petroleum, (B) asbestos, (C)
<br /> flammable or explosive, or (D) radioactive; and (iii) such other substances, materials and wastes
<br /> which are or become regulated or classified as hazardous or toxic under any existing or future
<br /> federal,state or local law.
<br /> Section 8. UTILITIES.
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