Common use of Requirements of Law; Environmental Matters Clause in Contracts

Requirements of Law; Environmental Matters. (A) Lessee shall promptly comply with each and every Legal Requirement (including those which require structural alterations) applicable to the Demised Premises, including, without limitation, those for the correction, prevention or abatement of nuisances or other grievances in, upon, or connected with the Demised Premises during the Term; and shall also promptly comply with all rules, orders and regulations of the New York Board of Fire Underwriters for the prevention of fires at the Lessee's own cost and expense. (B) Lessee shall operate the Demised Premises in compliance with each and every Legal Requirement relating to or referring to health, safety of the public, worker safety or the environment ("Environmental Laws") and shall keep and cause the Demised Premises to be kept free of Hazardous Materials (hereinafter defined). Without limiting the foregoing, Lessee shall not cause or permit the Demised Premises to be used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce or process Hazardous Materials, except in compliance with all applicable Environmental Laws, nor shall Lessee cause or permit, as a result of any intentional or unintentional act or omission on the part of Lessee or any Lessee Party (as defined below) or any other person, a release of Hazardous Materials onto the Demised Premises or onto any other property. Lessee shall comply with and ensure compliance by all employees, affiliates, agents and contractors of Lessee (each, a "Lessee Party", collectively "Lessee Parties") with all applicable Environmental Laws, and shall obtain and comply with, and ensure that all Lessee Parties obtain and comply with, any and all approvals, registrations or permits required thereunder including, without limitation, air quality, waste water discharge and fuel storage permits. Lessee shall (A) conduct and complete all investigations, studies, samplings, and testing, and all remedial removal, and other actions necessary to clean up and remove all Hazardous Materials, on, from, or affecting the Demised Premises (i) in accordance with all applicable Environmental Laws, and (ii) in accordance with the orders and directives of all federal, state, and local governmental authorities, and (B) defend (with counsel reasonably acceptable to Lessor), indemnify, and hold harmless Lessor, its Affiliates, equity owners, trustees, directors, officers, managers, employees, agents and representatives and their respective heirs, successors and assigns ("Lessor's Indemnified Persons") from and against any and all "Claims" (as defined in the BOOT Contract) of whatever kind or nature, known or unknown, contingent or otherwise, arising out of, or in any way related to: (i) Environmental Laws, (ii) the presence, disposal, release, or threatened release of any Hazardous Materials which are on, from, or affecting the soil, water, air, vegetation, buildings, personal property, persons, animals, or otherwise whether same existed in the past, now exist or arise in the future; (iii) any personal injury (including wrongful death) or property damage (real or personal, including, without limitation, damage to natural resources) arising out of or related to such Hazardous Materials; (iv) any lawsuit brought or threatened, settlement reached, or government order or directive relating to Environmental Laws including, without limitation, those relating to Hazardous Materials; and/or (v) any violation of laws, orders, regulations, requirements, or demands of government authorities, in each case relating to or arising from Hazardous Materials on or under the Demised Premises or emanating from the Demised Premises onto other property, including, without limitation, attorney and consultant fees, investigation and laboratory fees, court costs, and litigation expenses which arise, are caused, initiated or occur during the Term of this Lease, while this Lease is in effect or while Lessee or its successors or assigns are a tenant or occupant of the Demised Premises. Lessee's obligations as provided under this Article X shall survive the expiration or earlier termination of this Lease. Notwithstanding the foregoing provisions of Section 10.1(B), Lessee shall have no liability for Hazardous Materials released onto the Demised Premises by Lessor or its employees, Affiliates, agents or contractors to the extent that such parties are employed directly by and working exclusively for Lessor in connection with such Hazardous Material released onto the Demised Premises at any time. Section 10.2. For purposes of this Article X, "Hazardous Materials" includes, without limit, any flammable explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances, asbestos, petroleum, petroleum products or derivatives, PCBs, or related materials regulated pursuant to or defined in any Environmental Law, including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sections 960 I, et seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. Sections 1801 et seq.), the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sections 6901, et seq.), all as amended and in effect from time to time, and in the regulations adopted and publications promulgated pursuant thereto, or any other federal, state or local environmental law, ordinance, rule, or regulation. Section 10.3. Lessor shall reasonably cooperate, at no cost to Lessor, whenever Lessee is presented with any issues subject to the provisions of Section 10.1 in order to facilitate a prompt and cost-effective response, as may be required and permitted by law.