Common use of Emissions and Hazardous Materials Clause in Contracts

Emissions and Hazardous Materials. Tenant shall not, without the prior written consent of Landlord, cause or permit, knowingly or unknowingly, any Hazardous Material (hereinafter defined) to be brought or remain upon, kept, used, discharged, leaked, or emitted in or about, or treated at the Premises or the Hotel Complex; provided however, that Tenant may bring upon the Premises and store and use therein, commercially reasonable amounts of materials commonly used in the day to day maintenance and operation of the Premises (e.g., cleaning solvents, photocopier toner and the like); provided further however, that any such handling, storage and use shall be strictly in accordance with all environmental and other laws applicable to the Premises and the Hotel Complex. If it becomes necessary or advisable to remove, alter or otherwise disturb any Hazardous Materials which may exist in the Premises as of the date hereof (including without limitation, the existing IMAX Theatre or facilities relating thereto), Tenant, at its cost, shall comply with the “Environmental Audit” procedures set forth below and shall be responsible for all costs and expenses relating to any such removal, alteration or disturbance. As used in this Lease, “Hazardous Material(s)” shall mean any hazardous, toxic or radioactive substance, material, matter or waste which is or becomes regulated by any federal, state or local law, ordinance, order, rule, regulation, code or any other governmental restriction or requirement, and shall include asbestos, petroleum products and the terms “Hazardous Substance” and “Hazardous Waste” as defined in the Comprehensive Environmental Response, Compensation and Liability Act, as amended 42 U.S.C. §9601 et seq. (“CERCLA”), and the Resource Conservation and Liability Act, as amended 42 U.S.C. §9601 et seq. (“RCRA”). To obtain Landlord’s consent, Tenant shall prepare an “Environmental Audit” for Landlord’s review. Such Environmental Audit shall list/contain: (1) the name(s) of each Hazardous Material and a Material Safety Date Sheet (MSDS) as required by the Occupational Safety and Health Act; (2) the volume proposed to be used, stored and/or treated at the Premises (monthly); (3) the purpose of such Hazardous Material; (4) the proposed on-premises storage location(s); (5) the names) of the proposed off-premises disposal entity; and (6) an emergency preparedness plan in the event of a release. Additionally, the Environmental Audit shall include copies of all required federal, state, and local permits concerning or related to the proposed use, storage, or treatment of any Hazardous Material(s) at the Premises. Tenant shall submit a new Environmental Audit whenever it proposes to use, store, or treat a new Hazardous Material at the Premises or when the volume of existing Hazardous Materials to be used, stored, or treated at the Premises expands by ten percent (10%) during any thirty (30) day period. If Landlord, in Landlord’s reasonable judgment, finds the Environmental Audit acceptable, then Landlord shall deliver to Tenant Landlord’s written consent. Notwithstanding such consent, Landlord may revoke Landlord’s consent if (1) Tenant fails to remain in full compliance with applicable environmental permits and/or any other requirements under any federal, state, or local law, ordinance, order, rule, regulation, code or any other governmental restriction or requirement (including but not limited to CERCLA and RCRA) related to environmental safety, human health, or employee safety; (2) Tenant’s business operations pose or potentially pose a human health risk to other tenants; or (3) Tenant expands Tenant’s use, storage, or treatment of any Hazardous Material(s) in a manner inconsistent with the safe operation of a hotel/casino. Should Landlord consent in writing to Tenant using, storing or treating any Hazardous Material(s) in or upon the Premises or the Hotel Complex, Tenant shall strictly obey and adhere to any and all federal, state or local laws, ordinances, orders, rules, regulations, codes or any other governmental restrictions or requirements (including but not limited to CERCLA and RCRA) which in any way regulate, govern or impact Tenant’s, use, storage or treatment of said Hazardous Material(s). In addition, Tenant represents and warrants to Landlord that (1) Tenant shall apply for and remain in compliance with any and all federal, state or local permits required by its operations at the Premises in regard to Hazardous Material(s); (2) Tenant shall report to any and all applicable governmental authorities any release at the Premises of reportable quantities of any Hazardous Material(s) as required by any and all federal, state or local laws, ordinances, orders, rules, regulations, codes or any other governmental restrictions or requirements; (3) Tenant, within five (5) days of receipt, shall send to Landlord a copy of any notice, order, inspection report, or other document issued by any governmental authority relevant to Tenant’s compliance status at the Premises with environmental or health and safety laws; and, (4) Tenant shall remove from the Premises all Hazardous Material(s) at the termination of this Lease. In addition to, and in no way limiting, Tenant’s duties and obligations as set forth in Section 11.6 of this Lease, should Tenant breach any of Tenant’s duties and obligations as set forth in this Section, or if the presence of any Hazardous Material(s) on the Premises results in contamination of the Premises, the Hotel Complex, any land other than the Hotel Complex, the atmosphere, or any water or waterway including groundwater, or if contamination of the Premises or of the Hotel Complex by any Hazardous Material(s) otherwise occurs for which Tenant is otherwise legally liable to indemnity or reimburse Landlord for damages resulting therefrom, Tenant shall indemnify, save harmless and, at Landlord’s option and with attorneys approved in writing by Landlord, defend Landlord, and Landlord’s parent company, subsidiaries and affiliates, and their respective directors, officers, employees, agents, contractors, partners and mortgagees, if any, from any and all claims, demands, damages, expenses, fees, costs, fines, penalties, suits, proceedings, actions, causes of action, and losses of any and every kind and nature (including, without limitation, diminution in value of the Premises or the Hotel Complex, damages for the loss or restriction on use of the rentable or usable space or of any amenity of the Premises or the Hotel Complex, damages arising from any adverse impact on marketing space in the Hotel Complex, and sums paid in settlement of claims and for attorney’s fees, consultant fees and expert fees, which may arise during or after the Lease Term or any extension thereof as a result of such contamination). This includes, without limitation, costs and expenses, incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of the presence of Hazardous Material(s) on or about the Premises or the Hotel Complex, or because of the presence of Hazardous Material(s) anywhere else which came or otherwise emanated from Tenant or the Premises. Without limiting the foregoing, if the presence of any Hazardous Material(s) on or about the Premises or the Hotel Complex caused or permitted by Tenant results in any contamination of the Premises or the Hotel Complex, Tenant shall, at Tenant’s sole expense, promptly take all actions and expense as are necessary to return the Premises and/or the Hotel Complex to the condition existing prior to the introduction of any such Hazardous Material(s) to the Premises or the Hotel Complex; provided, however, that Landlord’s approval of such actions shall first be obtained in writing.

Emissions and Hazardous Materials. 8.12.1. Tenant shall not, without the prior written consent of LandlordLandlord given in its sole and absolute discretion, cause or permit, knowingly or unknowingly, any Hazardous Material (hereinafter definedas defined below) to be brought or remain upon, kept, used, discharged, leaked, or emitted in or about, or treated at the Premises Premises, the Common Areas or the Hotel Complex; provided however, that Tenant may bring upon the Premises except for supplies and store and use therein, commercially reasonable amounts of materials commonly cleaning solutions in nominal quantities typically used in the day ordinary course of Tenant's business and customarily used in similar businesses or activities expressly permitted to day maintenance be undertaken in the Hotel Complex by Landlord provided that Tenant's use and operation storage of the Premises (e.g., cleaning solvents, photocopier toner and the like); provided further however, that any such handling, storage and use shall be strictly in accordance products complies with all environmental and other laws applicable to the Premises and the Hotel Complex. If it becomes necessary or advisable to remove, alter or otherwise disturb any Hazardous Materials which may exist in the Premises as of the date hereof (including without limitation, the existing IMAX Theatre or facilities relating thereto), Tenant, at its cost, shall comply with the “Environmental Audit” procedures set forth below and shall be responsible for all costs and expenses relating to any such removal, alteration or disturbanceLaws. As used in this Lease, “"Hazardous Material(s)” Materials" shall mean any hazardous, toxic or radioactive substance, material, matter or waste which is or becomes regulated by any federal, state or local lawLaw, ordinance, order, rule, regulation, code or any other governmental restriction or requirement, and shall include asbestos, petroleum products and the terms “"Hazardous Substance” " and “"Hazardous Waste” " as defined in the Comprehensive Environmental Response, Compensation and Liability Act, as amended 42 U.S.C. §§ 9601 et seq. (“"CERCLA”"), and the Resource Conservation and Liability Act, as amended 42 U.S.C. §§ 9601 et seq. (“"RCRA”"). To obtain Landlord’s 's consent, Tenant shall prepare an “"Environmental Audit” " for Landlord’s 's review. Such Environmental Audit shall list/contain: (1i) the name(s) of each Hazardous Material and a Material Safety Date Data Sheet ("MSDS") as required by the Occupational Safety and Health Act; (2ii) the volume proposed to be used, stored and/or treated at the Premises (monthly); (3iii) the purpose of such Hazardous Material; (4iv) the proposed on-premises storage location(s); (5v) the namesname(s) of the proposed off-premises disposal entity; and (6vi) an emergency preparedness plan in the event of a release. Additionally, the Environmental Audit shall include copies of all required federal, state, and local permits concerning or related to the proposed use, storage, or treatment of any Hazardous Material(s) Material at the Premises. Tenant shall submit a new Environmental Audit whenever it proposes to use, store, or treat a new Hazardous Material at the Premises or when the volume of existing Hazardous Materials to be used, stored, or treated at the Premises expands by more than ten percent (10%) during any thirty (30) day period. If Landlord, Landlord in Landlord’s its reasonable judgment, judgment finds the Environmental Audit acceptable, then Landlord shall deliver to Tenant Tenant, Landlord’s 's written consent. Notwithstanding such consent, Landlord may revoke Landlord’s its consent if (1i) Tenant fails to remain in full compliance with applicable environmental permits and/or any other requirements under any federal, state, or local lawLaw, ordinance, order, rule, regulation, code or any other governmental restriction or requirement (including but not limited to CERCLA and RCRA) RCRA or any similar state statute related to environmental safety, human health, or employee safety); (2ii) Tenant’s 's business operations pose or potentially pose a human health risk to other tenantsrisk; or (3iii) Tenant expands Tenant’s its use, storage, or treatment of any Hazardous Material(s) Material in a manner inconsistent with the safe operation of a hotelresort/casino/entertainment facility. Should Landlord consent in writing to Tenant bringing, using, storing or treating any Hazardous Material(s) Material in or upon the Premises or the Hotel Complex, Tenant shall strictly obey and adhere to any and all federal, state or local lawsLaws, ordinances, orders, rules, regulations, codes or any other governmental restrictions or requirements (including but not limited to CERCLA and RCRA) RCRA or any similar state statute which in any way regulate, govern or impact Tenant’s's possession, use, storage storage, treatment or treatment disposal of said Hazardous Material(sMaterials). In addition, Tenant represents and warrants to Landlord that (1i) Tenant shall apply for and remain in compliance with any and all federal, state or local permits required by its operations at the Premises in regard to Hazardous Material(s)Materials; (2ii) Tenant shall report to any and all applicable governmental authorities Governmental Authorities any release at the Premises of reportable quantities of any Hazardous Material(s) Material as required by any and all federal, state or local lawsLaws, ordinances, orders, rules, regulations, codes or any other governmental restrictions or requirements; (3iii) Tenant, within five (5) days of receipt, shall send to Landlord a copy of any notice, order, inspection report, or other document issued by any governmental authority Governmental Authority relevant to Tenant’s 's compliance status at the Premises with environmental or health and safety lawsLaws; and, and (4iv) Tenant shall remove from the Premises all Hazardous Material(s) Materials at the termination of this Lease. In addition to, and Lease in no way limiting, Tenant’s duties and obligations as set forth in Section 11.6 of this Lease, should Tenant breach any of Tenant’s duties and obligations as set forth in this Section, or if the presence of any Hazardous Material(s) on the Premises results in contamination of the Premises, the Hotel Complex, any land other than the Hotel Complex, the atmosphere, or any water or waterway including groundwater, or if contamination of the Premises or of the Hotel Complex by any Hazardous Material(s) otherwise occurs for which Tenant is otherwise legally liable to indemnity or reimburse Landlord for damages resulting therefrom, Tenant shall indemnify, save harmless and, at Landlord’s option and full compliance with attorneys approved in writing by Landlord, defend Landlord, and Landlord’s parent company, subsidiaries and affiliates, and their respective directors, officers, employees, agents, contractors, partners and mortgagees, if any, from any and all claims, demands, damages, expenses, fees, costs, fines, penalties, suits, proceedings, actions, causes of action, and losses of any and every kind and nature (including, without limitation, diminution in value of the Premises or the Hotel Complex, damages for the loss or restriction on use of the rentable or usable space or of any amenity of the Premises or the Hotel Complex, damages arising from any adverse impact on marketing space in the Hotel Complex, and sums paid in settlement of claims and for attorney’s fees, consultant fees and expert fees, which may arise during or after the Lease Term or any extension thereof as a result of such contamination). This includes, without limitation, costs and expenses, incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of the presence of Hazardous Material(s) on or about the Premises or the Hotel Complex, or because of the presence of Hazardous Material(s) anywhere else which came or otherwise emanated from Tenant or the Premises. Without limiting the foregoing, if the presence of any Hazardous Material(s) on or about the Premises or the Hotel Complex caused or permitted by Tenant results in any contamination of the Premises or the Hotel Complex, Tenant shall, at Tenant’s sole expense, promptly take all actions and expense as are necessary to return the Premises and/or the Hotel Complex to the condition existing prior to the introduction of any such Hazardous Material(s) to the Premises or the Hotel Complex; provided, however, that Landlord’s approval of such actions shall first be obtained in writingLaws.

Emissions and Hazardous Materials. Tenant shall not, without the prior written consent of Landlord, knowingly cause or permit, knowingly or unknowingly, permit any Hazardous Material (hereinafter defined) to be brought or remain upon, kept, used, discharged, leaked, or emitted in or about, or treated at the Premises or the Hotel Complex; provided however, that Tenant may bring upon the Premises except for ordinary and store customary types of office and use therein, commercially reasonable amounts of materials commonly restaurant supplies and cleaning solutions in nominal quantities typically used in the day ordinary course of Tenant’s business and customarily used in similar businesses or activities expressly permitted to day maintenance be undertaken in the Hotel Complex by Landlord provided that Tenant’s use and operation storage of the Premises (e.g., cleaning solvents, photocopier toner and the like); provided further however, that any such handling, storage and use shall be strictly in accordance products complies with all environmental applicable laws and other laws applicable to the Premises and the Hotel Complex. If it becomes necessary or advisable to remove, alter or otherwise disturb any Hazardous Materials which may exist in the Premises as of the date hereof (including without limitation, the existing IMAX Theatre or facilities relating thereto), Tenant, at its cost, shall comply with the “Environmental Audit” procedures set forth below and shall be responsible for all costs and expenses relating to any such removal, alteration or disturbanceregulations. As used in this Lease, “Hazardous Material(s)” shall mean any hazardous, toxic or radioactive substance, material, matter or waste which is or becomes regulated by any federal, state or local law, ordinance, order, rule, regulation, code or any other governmental restriction or requirement, and shall include asbestos, petroleum products and the terms “Hazardous Substance” and “Hazardous Waste” as defined in the Comprehensive Environmental Response, Compensation and Liability Act, as amended 42 U.S.C. §§ 9601 et seq. (“CERCLA”), and the Resource Conservation and Liability Act, as amended 42 U.S.C. §§ 9601 et seq. (“RCRA”). To obtain Landlord’s consent, Tenant shall prepare an “Environmental Audit” for Landlord’s review. Such Environmental Audit shall list/contain: (1i) the name(s) of each Hazardous Material and a Material Safety Date Sheet (MSDS) as required by the Occupational Safety and Health Act; (2) the volume proposed to be used, stored and/or treated at the Premises (monthly); (3) the purpose of such Hazardous Material; (4) the proposed on-premises storage location(s); (5) the names) of the proposed off-premises disposal entity; and (6) an emergency preparedness plan in the event of a release. Additionally, the Environmental Audit shall include copies of all required federal, state, and local permits concerning or related to the proposed use, storage, or treatment of any Hazardous Material(s) at the Premises. Tenant shall submit a new Environmental Audit whenever it proposes to use, store, or treat a new Hazardous Material at the Premises or when the volume of existing Hazardous Materials to be used, stored, or treated at the Premises expands by ten percent (10%) during any thirty (30) day period. If Landlord, in Landlord’s reasonable judgment, finds the Environmental Audit acceptable, then Landlord shall deliver to Tenant Landlord’s written consent. Notwithstanding such consent, Landlord may revoke Landlord’s consent if (1) Tenant fails to remain in full compliance with applicable environmental permits and/or any other requirements under any federal, state, or local law, ordinance, order, rule, regulation, code or any other governmental restriction or requirement (including but not limited to CERCLA and RCRA) related to environmental safety, human health, or employee safety; (2) Tenant’s business operations pose or potentially pose a human health risk to other tenants; or (3) Tenant expands Tenant’s use, storage, or treatment of any Hazardous Material(s) in a manner inconsistent with the safe operation of a hotel/casino. Should Landlord consent in writing to Tenant using, storing or treating any Hazardous Material(s) in or upon the Premises or the Hotel Complex, Tenant shall strictly obey and adhere to any and all federal, state or local laws, ordinances, orders, rules, regulations, codes or any other governmental restrictions or requirements (including but not limited to CERCLA and RCRA) which in any way regulate, govern or impact Tenant’s, use, storage or treatment of said Hazardous Material(s). In addition, Tenant represents and warrants to Landlord that (1) Tenant shall apply for and remain in compliance with any and all federal, state or local permits required by its operations at the Premises in regard to Hazardous Material(s); (2) Tenant shall report to any and all applicable governmental authorities any release at the Premises of reportable quantities of any Hazardous Material(s) as required by any and all federal, state or local laws, ordinances, orders, rules, regulations, codes or any other governmental restrictions or requirements; (3ii) Tenant, within five ten (510) days of receipt, shall send to Landlord a copy of any notice, order, inspection report, or other document issued by any governmental authority relevant to Tenant’s compliance status at the Premises with environmental or health and safety laws; and, and (4) Tenant shall remove from the Premises all Hazardous Material(siii) at the termination of this Lease, remediate all Hazardous Materials introduced onto the Premises by Tenant in accordance with applicable law. In addition to, and in no way limiting, limiting Tenant’s duties and obligations as set forth in Section 11.6 of this Lease, should Tenant breach any of Tenant’s its duties and obligations as set forth in this SectionSection 8.9 of this Lease, or if the presence of any Hazardous Material(s) introduced on the Premises by Tenant results in contamination of the Premises, Premises or the Hotel Complex, any land other than the Hotel Complex, the atmosphere, or any water or waterway including groundwater, or if contamination of the Premises or of the Hotel Complex by any Hazardous Material(s) otherwise occurs for which Tenant is otherwise legally liable to indemnity or reimburse Landlord for damages resulting therefrom, Tenant shall indemnify, save harmless and, at Landlord’s option and with attorneys approved in writing by Landlord, defend Landlord, and Landlord’s parent companyits contractors, subsidiaries and affiliatesagents, and their respective directorsemployees, partners, officers, employeesdirectors, agents, contractors, partners and mortgagees, if any, from any and all claims, demands, damages, expenses, fees, costs, fines, penalties, suits, proceedings, actions, causes of action, and losses caused by or arising directly out of any and every kind and nature (including, without limitation, diminution in value Tenant’s breach of the Premises its obligations under this Section 8.9 or the Hotel Complex, damages for the loss or restriction on use of the rentable or usable space or of any amenity of the Premises or the Hotel Complex, damages arising from any adverse impact on marketing space in the Hotel Complex, and sums paid in settlement of claims and for attorney’s fees, consultant fees and expert fees, which may arise during or after the Lease Term or any extension thereof as a result of such contamination). This includes, without limitation, costs and expenses, incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of the presence of such Hazardous Material(s) Materials introduced on or about the Premises or the Hotel Complex, or because of the presence of Hazardous Material(s) anywhere else which came or otherwise emanated from Tenant or the Premisesby Tenant. Without limiting the foregoing, if the presence of any Hazardous Material(s) on or about the Premises or the Hotel Complex caused or permitted by Tenant results in any contamination of the Premises or the Hotel Complex, Tenant shall, at Tenant’s its sole expense, promptly take all actions to remediate such contamination as required by applicable law. Landlord represents and expense warrants to Tenant that as of the Delivery Date, the Premises are necessary to return free of any Hazardous Materials. In addition to, and in no way limiting Landlord’s obligations as set forth in Section 11.6 of this Lease, Landlord shall indemnify, save harmless and defend Tenant, and its contractors, agents, employees, partners, officers, directors, and mortgagees, if any, from any and all claims, demands, damages, expenses, fees, costs, fines, penalties, suits, proceedings, actions, causes of action, and losses caused by or arising directly out of the presence of any Hazardous Materials at or emanating from the Premises and/or the Hotel Complex to the condition existing Complex, which Hazardous Materials were in existence prior to the introduction of Delivery Date. Without limiting the foregoing, if any such Hazardous Material(s) to exist on or about the Premises or the Hotel Complex; providedComplex as of the Delivery Date, howeverLandlord shall, that Landlord’s approval of at its sole expense, promptly take all actions to remediate such actions shall first be obtained in writingcontamination as required by applicable law.

Emissions and Hazardous Materials. (a) Landlord hereby represents and warrants to Tenant that the City has provided Landlord with a certification that the Property, and the improvements constructed thereon, does not contain any Hazardous Materials (as that term is defined below). Landlord represents and warrants to Tenant that, on the date of this Lease, the Property, and the improvements constructed thereon, does not contain any Hazardous Materials. (b) Tenant shall not, without the prior written consent of Landlord, not cause or permit, knowingly or unknowingly, any Hazardous Material (as that term is hereinafter defined) to be brought or remain upon, kept, used, discharged, leaked, or emitted in or about, or treated at the Premises or the Hotel Complex; Project, provided however, that Tenant shall have the right, in accordance with Applicable Law, to utilize products that may bring upon constitute Hazardous Materials in connection with the ordinary operation of its business in the Premises, such as cleaning solvents utilized in connection with Tenant's regular maintenance operations at the Premises and store and use therein, commercially reasonable amounts lubricants utilized in connection with the maintenance of materials commonly used Tenant's projection equipment utilized in the day to day maintenance and operation of the Premises (e.g., cleaning solvents, photocopier toner and the like); provided further however, that any such handling, storage and use shall be strictly in accordance with all environmental and other laws applicable to the Premises and the Hotel Complex. If it becomes necessary or advisable to remove, alter or otherwise disturb any Hazardous Materials which may exist in the Premises as of the date hereof (including without limitation, the existing IMAX Theatre or facilities relating thereto), Tenant, at its cost, shall comply with the “Environmental Audit” procedures set forth below and shall be responsible for all costs and expenses relating to any such removal, alteration or disturbancePremises. As used in this Lease, “"Hazardous Material(s)” " shall mean any hazardous, toxic or radioactive substance, material, matter or of waste which is or becomes regulated by any federal, state or local law, ordinance, order, rule, regulation, code or any other governmental restriction or requirement, and shall include asbestos, petroleum products and the terms “"Hazardous Substance” " and “"Hazardous Waste” " as defined in the Comprehensive Environmental Response, Compensation and Liability ActAct ("CERCLA"), as amended amended, 42 U.S.C. §ss. 9601 et seq. (“CERCLA”)., and the Resource Conservation and Liability ActRecovery Act ("RCRA"), as amended amended, 42 U.S.C. §9601 ss. 6901 et seq. (“RCRA”). To obtain Landlord’s consent, Tenant shall prepare an “Environmental Audit” for Landlord’s review. Such Environmental Audit shall list/contain: (1) the name(s) of each Hazardous Material and a Material Safety Date Sheet (MSDS) as required by the Occupational Safety and Health Act; (2) the volume proposed to be used, stored and/or treated at the Premises (monthly); (3) the purpose of such Hazardous Material; (4) the proposed on-premises storage location(s); (5) the names) of the proposed off-premises disposal entity; and (6) an emergency preparedness plan in the event of a release. Additionally, the Environmental Audit shall include copies of all required federal, state, and local permits concerning or related to the proposed use, storage, or treatment of any Hazardous Material(s) at the Premises. Tenant shall submit a new Environmental Audit whenever it proposes to use, store, or treat a new Hazardous Material at the Premises or when the volume of existing Hazardous Materials to be used, stored, or treated at the Premises expands by ten percent (10%) during any thirty (30) day period. If Landlord, in Landlord’s reasonable judgment, finds the Environmental Audit acceptable, then Landlord shall deliver to Tenant Landlord’s written consent. Notwithstanding such consent, Landlord may revoke Landlord’s consent if (1) Tenant fails to remain in full compliance with applicable environmental permits and/or any other requirements under any federal, state, or local law, ordinance, order, rule, regulation, code or any other governmental restriction or requirement (including but not limited to CERCLA and RCRA) related to environmental safety, human health, or employee safety; (2) Tenant’s business operations pose or potentially pose a human health risk to other tenants; or (3) Tenant expands Tenant’s use, storage, or treatment of any Hazardous Material(s) in a manner inconsistent with the safe operation of a hotel/casino. Should Landlord consent in writing to Tenant using, storing or treating any Hazardous Material(s) in or upon the Premises or the Hotel Complex, Tenant shall strictly obey and adhere to any and all federal, state or local laws, ordinances, orders, rules, regulations, codes or any other governmental restrictions or requirements (including but not limited to CERCLA and RCRA) RCRA which in any way regulate, govern or impact Tenant’s's possession, use, storage or treatment disposal of said Hazardous Material(s). In addition, Tenant represents and warrants to Landlord that (1) Tenant shall apply for and remain in compliance with any and all necessary federal, state or local permits required by its operations at the Premises in regard to Hazardous Material(s); (2) Tenant shall report to any and all applicable governmental authorities any release at the Premises of reportable quantities of any Hazardous Material(s) as required by any and all federal, state or local laws, ordinances, orders, rules, regulations, codes or any other governmental restrictions or requirements; (3) Tenant, within five (5) days of receipt, shall send to Landlord a copy of any notice, order, inspection report, or other document issued by any governmental authority relevant to Tenant’s compliance status at the Premises with environmental or health and safety laws; and, (4) Tenant shall remove from the Premises all Hazardous Material(s) at the termination of this Lease. In addition to, and in no way limiting, Tenant’s duties and obligations as set forth in Section 11.6 of this Lease, should Tenant breach any of Tenant’s duties and obligations as set forth in this Section, or if the presence of any Hazardous Material(s) on the Premises results in contamination of the Premises, the Hotel Complex, any land other than the Hotel Complex, the atmosphere, or any water or waterway including groundwater, or if contamination of the Premises or of the Hotel Complex by any Hazardous Material(s) otherwise occurs for which Tenant is otherwise legally liable to indemnity or reimburse Landlord for damages resulting therefrom, Tenant shall indemnify, save harmless and, at Landlord’s option and with attorneys approved in writing by Landlord, defend Landlord, and Landlord’s parent company, subsidiaries and affiliates, and their respective directors, officers, employees, agents, contractors, partners and mortgagees, if any, from any and all claims, demands, damages, expenses, fees, costs, fines, penalties, suits, proceedings, actions, causes of action, and losses of any and every kind and nature (including, without limitation, diminution in value of the Premises or the Hotel Complex, damages for the loss or restriction on use of the rentable or usable space or of any amenity of the Premises or the Hotel Complex, damages arising from any adverse impact on marketing space in the Hotel Complex, and sums paid in settlement of claims and for attorney’s fees, consultant fees and expert fees, which may arise during or after the Lease Term or any extension thereof as a result of such contamination). This includes, without limitation, costs and expenses, incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of the presence of Hazardous Material(s) on or about the Premises or the Hotel Complex, or because of the presence of Hazardous Material(s) anywhere else which came or otherwise emanated from Tenant or the Premises. Without limiting the foregoing, if the presence of any Hazardous Material(s) on or about the Premises or the Hotel Complex caused or permitted by Tenant results in any contamination of the Premises or the Hotel Complex, Tenant shall, at Tenant’s sole expense, promptly take all actions and expense as are necessary to return the Premises and/or the Hotel Complex to the condition existing prior to the introduction of any such Hazardous Material(s) to the Premises or the Hotel Complex; provided, however, that Landlord’s approval of such actions shall first be obtained in writing.Materials;