Common use of Requirements of Public Authority Clause in Contracts

Requirements of Public Authority. (a) During the Term of this Lease, Tenant shall, at its own cost and expense, promptly observe and comply (including the making of any necessary repairs, replacements, removals, alterations or improvements to the Premises (including the Building) or the equipment or fixtures located thereon) with all present and future laws, ordinances, requirements, orders, directives, rules and regulations (including without limitation those relating to the accessibility and usability of the accommodations, services and facilities on the Premises, those relating to the restoration and preservation of historical sites or structures and those relating to Hazardous Materials and Storage Tanks) of the federal, state, county and city governments and of all other governmental authorities affecting the Premises or appurtenances thereto or any part thereof whether the same are in force on the Commencement Date or may in the future be passed, enacted or directed, and, without limiting Tenant’s liability under the indemnities contained elsewhere in this Lease, Tenant shall pay all costs, expenses, liabilities, losses, damages, fines, penalties, c1 and demands, including reasonable counsel fees that may in any manner arise out of or be imposed because, of the failure of Tenant to comply with the covenants of this Section 11. (b) Without limiting the generality of the foregoing, Tenant shall at its expense (1) conduct and complete all investigations, studies, sampling, and testing and all remedial, repair, removal, reporting and other actions necessary to clean up and remove, or to identify and manage all Hazardous Materials and Storage Tanks on, from or affecting the Premises (including those originating, from the Premises and migrating to or otherwise affecting other portions of the Shopping Center or other property) (a) in accordance with all applicable’ federal, state, and local laws, regulations, rules, ordinances and policies, (b) to the satisfaction of Landlord, including, without limitation, within a time frame and in a manner satisfactory to Landlord, and (c) in accordance with the. orders and directives of all federal, state, and local governmental authorities, and (2) defend, indemnify, and hold harmless Landlord and its affiliates, and the employees, agents, officers, and directors of any of them, from and against any and all claims, demands, penalties, fines, liabilities, settlements, damages, costs, or expenses (including, without limit, attorney and consultant fees, investigation and laboratory fees, court costs, and litigation expenses) of whatever kind or nature, known or unknown, contingent or otherwise, arising out of or in any way related to (a) the presence, disposal, release, or threatened release of any Hazardous Materials or Storage Tanks which are on, from, or affecting the Premises; (b) any personal injury (including wrongful death) or property damage (real or personal) arising out of .or related to Hazardous Materials or Storage Tanks on, from or affecting the Premises; (C) any lawsuit brought or threatened, settlement reached, or government order relating to Hazardous Materials or Storage Tanks on, from or affecting the Premises, and/or (c) any violation of laws, orders, regulations, requirements, or demands of government authorities, or any policies or requirements of Landlord which are based upon or in any way related to Hazardous Materials or Storage Tanks on, from or affecting the Premises. The indemnities described in this subparagraph (b) shall also apply to Hazardous Materials and Storage Tanks originating or present on the Premises and migrating to or otherwise affecting the other portions of the Shopping Center or other property. (c) For purposes of this provision, the term “Hazardous Materials” includes, without limit, any flammable explosives, radioactive materials, hazardous materials, hazardous waste, hazardous or toxic substances, oil or petroleum products, asbestos, or related materials; including as the same are defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601, seq.), the Hazardous Materials Transportation Act, as

Requirements of Public Authority. (a) Section 8.1 During the Term term of this Lease, Tenant shall, at its own cost and expense, promptly observe and comply (including the making of any necessary repairs, replacements, removals, alterations or improvements to the Premises (including the Building) or the equipment or fixtures located thereon) with all present and future laws, ordinances, requirements, orders, directives, rules and regulations (including without limitation those relating of the Governmental Authorities applicable to the accessibility and usability of the accommodations, services and facilities on the Premises, those relating to the restoration and preservation of historical sites or structures and those relating to Hazardous Materials and Storage Tanks) of the federal, state, county and city governments and of all other governmental authorities affecting the Demised Premises or appurtenances thereto or any part thereof whether the same are in force on at the Commencement Date commencement of the term of this Lease or may in the future be passed, enacted or directed, and, without limiting Tenant’s liability under the indemnities contained elsewhere in this Lease, and Tenant shall pay all costs, expenses, liabilities, losses, damages, fines, penalties, c1 claims and demands, including reasonable counsel fees fees, that may in any manner arise out of or be imposed because, because of the failure of Tenant to comply with the covenants of this Section 11Article 8. (b) Without limiting Section 8.2 Tenant shall have the generality right to contest by appropriate legal proceedings diligently conducted in good faith, in the name of the foregoing, Tenant shall at its expense (1) conduct and complete all investigations, studies, sampling, and testing and all remedial, repair, removal, reporting and other actions necessary to clean up and removeTenant, or to identify and manage all Hazardous Materials and Storage Tanks onLandlord (if legally required), from or affecting the Premises both (including those originating, from the Premises and migrating to or otherwise affecting other portions of the Shopping Center or other property) (a) in accordance with all applicable’ federal, state, and local laws, regulations, rules, ordinances and policies, (b) to the satisfaction of Landlord, includingif legally required), without limitation, within a time frame and in a manner satisfactory cost or expense to Landlord, and (c) in accordance with the. orders and directives of all federal, state, and local governmental authorities, and (2) defend, indemnify, and hold harmless Landlord and its affiliates, and the employees, agents, officers, and directors validity or application of any law, ordinance, rule, regulation or requirement of themthe nature referred to in Section 8.1 and, from and against any and all claims, demands, penalties, fines, liabilities, settlements, damages, costs, or expenses (including, without limit, attorney and consultant fees, investigation and laboratory fees, court costs, and litigation expenses) of whatever kind or nature, known or unknown, contingent or otherwise, arising out of or in any way related to (a) if by the presence, disposal, release, or threatened release terms of any Hazardous Materials such law, ordinance, order, rule, regulation or Storage Tanks which are onrequirement compliance therewith may legally be delayed pending the prosecution of any such proceeding, from, or affecting Tenant may delay such compliance. Therewith until the Premises; (b) final determination of such proceeding. Section 8.3 Landlord agrees to execute and. deliver any personal injury (including wrongful death) or property damage (real or personal) arising out of .or related to Hazardous Materials or Storage Tanks on, from or affecting the Premises; (C) any lawsuit brought or threatened, settlement reached, or government order relating to Hazardous Materials or Storage Tanks on, from or affecting the Premises, and/or (c) any violation of laws, orders, regulations, requirements, or demands of government authorities, or any policies or requirements of Landlord which are based upon or in any way related to Hazardous Materials or Storage Tanks on, from or affecting the Premises. The indemnities described in this subparagraph (b) shall also apply to Hazardous Materials and Storage Tanks originating or present on the Premises and migrating to or otherwise affecting the other portions of the Shopping Center appropriate papers or other propertyinstruments which may be necessary or proper to permit Tenant so to contest the validity or application of any such law,, ordinance, order, rule, regulation or requirement and to fully cooperate with Tenant in such contest. (c) For purposes of this provision, the term “Hazardous Materials” includes, without limit, any flammable explosives, radioactive materials, hazardous materials, hazardous waste, hazardous or toxic substances, oil or petroleum products, asbestos, or related materials; including as the same are defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601, seq.), the Hazardous Materials Transportation Act, as

Requirements of Public Authority. (a) During the Term term of this Lease, Tenant shall, at its own cost and expense, promptly observe and comply (including the making of any necessary repairs, replacements, removals, alterations or improvements to the Premises (including the Building) or the equipment or fixtures located thereon) with all present and future laws, ordinances, requirements, orders, directives, rules and regulations (including without limitation those relating to the accessibility and usability of the accommodations, services and facilities on the Premises, those relating to the restoration and preservation of historical sites or structures and those relating to Hazardous Materials and Storage Tanks) of the federal, state, county county, town, village and city governments and of all other governmental authorities affecting the Premises or appurtenances thereto or any part thereof whether the same are in force on at the Commencement Date commencement of the term of this Lease or may in the future be passed, enacted or directed, and, without limiting Tenant’s liability under the indemnities contained elsewhere in this Lease, and Tenant shall pay all costs, expenses, liabilities, losses, damages, fines, penalties, c1 claims and demands, including reasonable counsel fees demands that may in any manner arise out of or be imposed because, because of the failure of Tenant to comply with the covenants of this Section 11.Paragraph S. (b) Without limiting Tenant shall have the generality right to contest by appropriate legal proceedings diligently conducted in good faith, in the name of Tenant, or Landlord (if legally required), or both (if legally required), without cost or expense to Landlord, the validity or application of any law, ordinance, rule, regulation or requirement of the foregoing, Tenant shall at its expense (1) conduct and complete all investigations, studies, sampling, and testing and all remedial, repair, removal, reporting and other actions necessary nature referred to clean up and remove, or to identify and manage all Hazardous Materials and Storage Tanks on, from or affecting the Premises (including those originating, from the Premises and migrating to or otherwise affecting other portions of the Shopping Center or other property) in subparagraph (a) in accordance with all applicable’ federalabove and, state, and local laws, regulations, rules, ordinances and policies, (b) to if by the satisfaction of Landlord, including, without limitation, within a time frame and in a manner satisfactory to Landlord, and (c) in accordance with the. orders and directives of all federal, state, and local governmental authorities, and (2) defend, indemnify, and hold harmless Landlord and its affiliates, and the employees, agents, officers, and directors terms of any of themsuch law, from and against any and all claimsordinance, demandsorder, penaltiesrule, finesregulation or requirement, liabilities, settlements, damages, costs, or expenses (including, without limit, attorney and consultant fees, investigation and laboratory fees, court costs, and litigation expenses) of whatever kind or nature, known or unknown, contingent or otherwise, arising out of or in any way related to (a) compliance therewith may legally be delayed pending the presence, disposal, release, or threatened release prosecution of any Hazardous Materials or Storage Tanks which are onsuch proceeding, from, or affecting Tenant may delay compliance therewith until the Premises; (b) any personal injury (including wrongful death) or property damage (real or personal) arising out final determination of .or related to Hazardous Materials or Storage Tanks on, from or affecting the Premises; (C) any lawsuit brought or threatened, settlement reached, or government order relating to Hazardous Materials or Storage Tanks on, from or affecting the Premises, and/or (c) any violation of laws, orders, regulations, requirements, or demands of government authorities, or any policies or requirements of Landlord which are based upon or in any way related to Hazardous Materials or Storage Tanks on, from or affecting the Premises. The indemnities described in this subparagraph (b) shall also apply to Hazardous Materials and Storage Tanks originating or present on the Premises and migrating to or otherwise affecting the other portions of the Shopping Center or other propertysuch proceeding. (c) For purposes Landlord agrees to execute and deliver any appropriate papers or other instruments which may be necessary or proper to permit Tenant so to contest the validity or application of this provisionany such law, the term “Hazardous Materials” includesordinance, without limitorder, any flammable explosivesrule, radioactive materials, hazardous materials, hazardous waste, hazardous regulation or toxic substances, oil or petroleum products, asbestos, or related materials; including as the same are defined requirement and to fully cooperate with Tenant in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601, seqsuch contest.), the Hazardous Materials Transportation Act, as

Requirements of Public Authority. (a) During the Term of this LeaseTerm, Tenant shall, at its own cost and expense, promptly observe and comply (including the making of any necessary repairs, replacements, removals, alterations or improvements to the Premises (including the Building) or the equipment or fixtures located thereon) with all present and future laws, ordinances, requirements, orders, directives, rules and regulations (including without limitation those relating to the accessibility and usability of the accommodationsFederal, services State, County, Town, Village and facilities on the Premises, those relating to the restoration and preservation of historical sites or structures and those relating to Hazardous Materials and Storage Tanks) of the federal, state, county and city governments City Governments and of all other the governmental authorities affecting the Demised Premises or appurtenances thereto or any part thereof whether the same are in force on at the Commencement Date commencement of the Term or may in the future be passed, enacted or directed, and, without limiting Tenant’s liability under the indemnities contained elsewhere in this Lease, and Tenant shall pay all costs, expenses, liabilities, losses, damages, fines, penalties, c1 claims and demands, including reasonable counsel fees fees, that may in any manner arise out of or be imposed because, because of the failure of Tenant to comply with the covenants of this Section 1110. (b) Without limiting Tenant shall have the generality right to contest by appropriate legal proceedings diligently conducted in good faith, in the name of Tenant, or Landlord (if legally required), or both (if legally required), at Tenant’s sole cost and expense and without cost or expense to Landlord, the validity or application of any law, ordinance, rule, regulation or requirement of the foregoingnature referred to in this Section 10(b), to be complied with by Tenant, and, if by the terms of any such law, ordinance, order, rule, regulation or requirement, compliance therewith may legally be delayed pending the prosecution of any such proceeding, Tenant may delay such compliance therewith until the final determination of such proceeding; provided that: (i) Landlord shall at its expense (1) conduct and complete all investigations, studies, sampling, and testing and all remedial, repair, removal, reporting and other actions necessary not be subject to clean up and remove, criminal penalty or to identify and manage all Hazardous Materials and Storage Tanks onprosecution for a crime nor shall the Demised Premises or any part thereof be subject to being condemned or vacated, from or affecting the Premises (including those originating, from the Premises and migrating to by reason of noncompliance or otherwise affecting other portions by reason of the Shopping Center such contest; (ii) Tenant shall defend, indemnify and hold harmless Landlord against all liability, loss or other property) (a) in accordance with all applicable’ federal, state, and local laws, regulations, rules, ordinances and policies, (b) to the satisfaction damage which Landlord shall suffer by reason of Landlordsuch noncompliance or contest, including, without limitation, within a time frame reasonable attorney’s fees and in a manner satisfactory other reasonable expenses reasonably incurred by Landlord; and (iii) Tenant shall keep Landlord reasonably advised as to Landlord, and (c) in accordance with the. orders and directives the status of all federal, state, and local governmental authorities, and (2) defend, indemnify, and hold harmless Landlord and its affiliates, and the employees, agents, officers, and directors of any of them, from and against any and all claims, demands, penalties, fines, liabilities, settlements, damages, costs, or expenses (including, without limit, attorney and consultant fees, investigation and laboratory fees, court costs, and litigation expenses) of whatever kind or nature, known or unknown, contingent or otherwise, arising out of or in any way related to (a) the presence, disposal, release, or threatened release of any Hazardous Materials or Storage Tanks which are on, from, or affecting the Premises; (b) any personal injury (including wrongful death) or property damage (real or personal) arising out of .or related to Hazardous Materials or Storage Tanks on, from or affecting the Premises; (C) any lawsuit brought or threatened, settlement reached, or government order relating to Hazardous Materials or Storage Tanks on, from or affecting the Premises, and/or (c) any violation of laws, orders, regulations, requirements, or demands of government authorities, or any policies or requirements of Landlord which are based upon or in any way related to Hazardous Materials or Storage Tanks on, from or affecting the Premises. The indemnities described in this subparagraph (b) shall also apply to Hazardous Materials and Storage Tanks originating or present on the Premises and migrating to or otherwise affecting the other portions of the Shopping Center or other propertysuch proceedings. (c) For purposes Landlord agrees to execute and deliver any appropriate papers or other instruments which may be necessary or proper to permit Tenant so to contest the validity or application of this provisionany such law, the term “Hazardous Materials” includesordinance, without limitorder, any flammable explosivesrule, radioactive materialsregulation or requirement and to reasonably cooperate with Tenant in such contest, hazardous materials, hazardous waste, hazardous or toxic substances, oil or petroleum products, asbestos, or related materials; including as the same are defined in the Comprehensive Environmental Response, Compensation at Tenant’s sole cost and Liability Act of 1980, as amended (42 U.S.C. § 9601, seqexpense.), the Hazardous Materials Transportation Act, as

Requirements of Public Authority. (a) During Subject to the Term provisions of Section 9(e) hereof, during the term of this Lease, Tenant shall, at its own cost and expense, promptly observe and comply (including the making of any necessary repairs, replacements, removals, alterations or improvements to the Premises (including the Building) or the equipment or fixtures located thereon) with all present and future laws, ordinances, requirements, orders, directives, rules and regulations (including without limitation those relating to the accessibility and usability of the accommodationsFederal, services Provincial, Municipal and facilities on the Premises, those relating to the restoration and preservation of historical sites or structures and those relating to Hazardous Materials and Storage Tanks) of the federal, state, county and city governments City Governments and of all other the governmental authorities affecting the Demised Premises or appurtenances thereto or any part thereof whether the same are in force on at the Commencement Date commencement of the term of this Lease or may in the future be passed, enacted or directed, and, without limiting Tenant’s liability under the indemnities contained elsewhere in this Lease, and Tenant shall pay all costs, expenses, liabilities, losses, damages, fines, penalties, c1 claims and demands, including reasonable counsel fees counsel, consultant and expert fees, that may in any manner arise out of or be imposed because, because of the failure of Tenant to comply with the covenants of this Section 119. Notwithstanding the foregoing, Tenant shall not be required to so comply to the extent such laws, ordinances, etc. require changes to improvements or facilities which Landlord is obligated to maintain under Section 7, or require changes to facilities used for the provision of Landlord’s Services; instead, Landlord shall be required to so comply with such laws, ordinances, etc. provided, however, Tenant shall comply with laws, ordinances etc. requiring changes to mechanical and electrical facilities exclusively serving the Demised Premises if such changes are required due to Tenant’s particular manner of use of the Demised Premises (as opposed to general manufacturing use). (b) Without limiting Subject to the generality provisions of Section 9(e) hereof, during the term of this Lease, Landlord shall, at its own cost and expense, promptly observe and comply with all present and future laws, ordinances, requirements, orders, directives, rules and regulations of the foregoingFederal, Tenant shall Provincial, Municipal and City Governments and of all the governmental authorities affecting the Complex (excluding the Demised Premises) whether the same are in force at its expense (1) conduct and complete all investigationsthe commencement of the term of this Lease or may in the future be passed, studies, samplingenacted or directed, and testing and Landlord shall pay all remedialcosts, repairexpenses, removalliabilities, reporting and other actions necessary to clean up and removelosses, or to identify and manage all Hazardous Materials and Storage Tanks ondamages, from or affecting the Premises (including those originating, from the Premises and migrating to or otherwise affecting other portions of the Shopping Center or other property) (a) in accordance with all applicable’ federal, state, and local laws, regulations, rules, ordinances and policies, (b) to the satisfaction of Landlord, including, without limitation, within a time frame and in a manner satisfactory to Landlord, and (c) in accordance with the. orders and directives of all federal, state, and local governmental authorities, and (2) defend, indemnify, and hold harmless Landlord and its affiliates, and the employees, agents, officers, and directors of any of them, from and against any and all claims, demandsfines, penalties, finesclaims and demands, liabilitiesincluding reasonable counsel, settlements, damages, costs, or expenses (including, without limit, attorney consultant and consultant expert fees, investigation and laboratory fees, court costs, and litigation expenses) of whatever kind or nature, known or unknown, contingent or otherwise, arising that may in any manner arise out of or in any way related to (a) be imposed because of the presence, disposal, release, or threatened release of any Hazardous Materials or Storage Tanks which are on, from, or affecting the Premises; (b) any personal injury (including wrongful death) or property damage (real or personal) arising out of .or related to Hazardous Materials or Storage Tanks on, from or affecting the Premises; (C) any lawsuit brought or threatened, settlement reached, or government order relating to Hazardous Materials or Storage Tanks on, from or affecting the Premises, and/or (c) any violation of laws, orders, regulations, requirements, or demands of government authorities, or any policies or requirements failure of Landlord which are based upon or in any way related to Hazardous Materials or Storage Tanks oncomply with the covenants of this Section 9, from or affecting but only to the Premises. The indemnities described in this subparagraph (b) shall also apply extent that Landlord’s failure to Hazardous Materials and Storage Tanks originating or present comply will have a material adverse effect on Tenant’s use of the Demised Premises and migrating to or otherwise affecting the other portions of the Shopping Center or other propertyCommon Areas. (c) For purposes Subject to the provisions of Section 9(e) hereof, Tenant shall have the right to contest by appropriate legal proceedings diligently conducted in good faith, in the name of Tenant, without cost or expense to Landlord, the validity of application of any law, ordinance, rule, regulation or requirement of the nature referred to in Section 9(a) hereof and, if by the terms of any such laws, ordinance, order, rule, regulation or requirement, compliance therewith may legally be delayed pending the prosecution of any such proceeding. (d) Subject to the provisions of Section 9(e) hereof, Landlord agrees to within a reasonable period of time execute and deliver any appropriate papers or other instruments which may be necessary or proper to permit Tenant so to contest the validity or application of any such law, ordinance, order, rule, regulation or requirement and to fully cooperate with Tenant in such contest. (e) Notwithstanding the foregoing provisions of this provisionSection 9, the term “Hazardous Materials” includes, without limit, any flammable explosives, radioactive materials, hazardous materials, hazardous waste, hazardous or toxic substances, oil or petroleum products, asbestos, or related materials; including as provisions of this Section 9 shall not be applicable with respect to: (i) environmental matters to the same are defined in extent that the Comprehensive Environmental Response, Compensation Landlord is responsible for such matters pursuant to Section 28 hereof and Liability Act of 1980, as amended (42 U.S.C. § 9601, seq.)ii) unless Tenant is preventing same, the Hazardous Materials Transportation Act, asservices performed by Landlord or its affiliates under the Oshawa Labour and Management Services Agreement or the ASA which shall be governed by the provisions set out therein; or (iii) any breach of this Section 9 resulting from performance by employees of the Landlord pursuant to Section 4(f) hereof.

Requirements of Public Authority. (a) During the Term term of this Lease, Tenant shall, at its own cost and expense, promptly observe and comply (including the making of any necessary repairs, replacements, removals, alterations or improvements to the Premises (including the Building) or the equipment or fixtures located thereon) with all present and future laws, ordinances, requirements, orders, directives, rules and regulations (including without limitation those relating to the accessibility and usability of the accommodations, services and facilities on the Premises, those relating to the restoration and preservation of historical sites or structures and those relating to Hazardous Materials and Storage Tanks) of the federal, state, county county, town, village and city governments and of all other governmental authorities affecting the Premises or appurtenances thereto or any part thereof whether the same are in force on at the Commencement Date commencement of the term of this Lease or may in the future be passed, enacted or directed, and, without limiting Tenant’s liability under the indemnities contained elsewhere in this Lease, and Tenant shall pay all costs, expenses, liabilities, losses, damages, fines, penalties, c1 claims and demands, including reasonable counsel fees demands that may in any manner arise out of or be imposed because, because of the failure of Tenant to comply with the covenants of this Section 11Paragraph 5. (b) Without limiting Tenant shall have the generality right to contest by appropriate legal proceedings diligently conducted in good faith, in the name of the foregoing, Tenant shall at its expense (1) conduct and complete all investigations, studies, sampling, and testing and all remedial, repair, removal, reporting and other actions necessary to clean up and removeTenant, or Landlord (if legally required), or both (if legally required), without cost or expense to identify and manage all Hazardous Materials and Storage Tanks onLandlord, from the validity or affecting the Premises (including those originatingapplication of any law, from the Premises and migrating to ordinance, rule, regulation or otherwise affecting other portions requirement of the Shopping Center or other property) nature referred to in subparagraph (a) in accordance with all applicable’ federalabove and, state, and local laws, regulations, rules, ordinances and policies, (b) to if by the satisfaction of Landlord, including, without limitation, within a time frame and in a manner satisfactory to Landlord, and (c) in accordance with the. orders and directives of all federal, state, and local governmental authorities, and (2) defend, indemnify, and hold harmless Landlord and its affiliates, and the employees, agents, officers, and directors terms of any of themsuch law, from and against any and all claimsordinance, demandsorder, penaltiesrule, finesregulation or requirement, liabilities, settlements, damages, costs, or expenses (including, without limit, attorney and consultant fees, investigation and laboratory fees, court costs, and litigation expenses) of whatever kind or nature, known or unknown, contingent or otherwise, arising out of or in any way related to (a) compliance therewith may legally be delayed pending the presence, disposal, release, or threatened release prosecution of any Hazardous Materials or Storage Tanks which are onsuch proceeding, from, or affecting Tenant may delay compliance therewith until the Premises; (b) any personal injury (including wrongful death) or property damage (real or personal) arising out final determination of .or related to Hazardous Materials or Storage Tanks on, from or affecting the Premises; (C) any lawsuit brought or threatened, settlement reached, or government order relating to Hazardous Materials or Storage Tanks on, from or affecting the Premises, and/or (c) any violation of laws, orders, regulations, requirements, or demands of government authorities, or any policies or requirements of Landlord which are based upon or in any way related to Hazardous Materials or Storage Tanks on, from or affecting the Premises. The indemnities described in this subparagraph (b) shall also apply to Hazardous Materials and Storage Tanks originating or present on the Premises and migrating to or otherwise affecting the other portions of the Shopping Center or other propertysuch proceeding. (c) For purposes Landlord agrees to execute and deliver any appropriate papers or other instruments which may be necessary or proper to permit Tenant so to contest the validity or application of this provisionany such law, the term “Hazardous Materials” includesordinance, without limitorder, any flammable explosivesrule, radioactive materials, hazardous materials, hazardous waste, hazardous regulation or toxic substances, oil or petroleum products, asbestos, or related materials; including as the same are defined requirement and to fully cooperate with Tenant in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601, seqsuch contest.), the Hazardous Materials Transportation Act, as