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38. NO WASTE OR NUISANCE AND COMPLIANCE WITH LAWS:
<br />a. Leased Space Use. The Leased Space shall be used by and/or at the sufferance of
<br />TENANT only for the purpose set forth in paragraph 13 above and for no other purposes.
<br />TENANT shall not use or permit the use of the Leased Space in any manner that will tend to
<br />create waste or a nuisance. TENANT, its employees and all persons visiting or doing business
<br />with TENANT in the Leased Space shall be bound by and shall observe the reasonable rules and
<br />regulations as listed on Exhibit D attached hereto, made by LANDLORD relating to the Leased
<br />Space, of which notice in writing shall be given to TENANT, and all such rules and regulations
<br />shall be deemed to be incorporated into and form a part of this Lease.
<br />b. Obey Laws. TENANT covenants throughout the Lease Term, at TENANT's sole
<br />cost and expense, promptly to comply with all laws and ordinances and the orders, rules and
<br />regulations and requirements of all federal, state and municipal governments and appropriate
<br />departments, commissions, boards, and officers thereof, and the orders, rules and regulations of
<br />the Board of Fire Underwriters where the Leased Space are situated, or any other body now or
<br />hereafter created with jurisdiction over the Leased Space, and whether or not the same require
<br />structural repairs or alterations, which may be applicable to the Leased Space, or the use or
<br />manner of use of the Leased Space. TENANT will likewise observe and comply with the
<br />requirements of all policies of public liability, fire and all other policies of insurance at any time
<br />in force with respect to the buildings and improvements on the Leased Space and the equipment
<br />thereof.
<br />39. HAZARDOUS MATERIAL:
<br />In the event any Hazardous material (hereinafter defined) is brought or caused to be brought into
<br />or onto the Leased Space by TENANT, TENANT shall handle any such material in compliance
<br />with all applicable federal, state and/or local regulations. For purposes of this paragraph,
<br />"Hazardous Material" means and includes any hazardous, toxic or dangerous waste, substance or
<br />material defined as such in (or for purposes of) the Comprehensive Environmental Response,
<br />Compensation, and Liability Act, and so-called "Superfund" or "Super lien" law, or any federal,
<br />state or local statute, law, ordinance, code, rule, regulation, order decree regulation, relating to,
<br />or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous
<br />waste, substance or material, as now or at any time hereafter in effect. TENANT shall submit to
<br />LANDLORD on an annual basis copies of its approved hazardous materials communication
<br />plan, OSHA monitoring plan, and permits required by the Resource Recovery and Conservation
<br />Act of 1976, if TENANT is required to prepare, file or obtain any such plans or permits.
<br />TENANT will indemnify and hold harmless LANDLORD from any losses, liabilities, damages,
<br />costs or expenses (including reasonable attorney's fees) which LANDLORD may suffer or incur
<br />as a result of TENANT'S introduction into or onto the Leased Space, of any Hazardous Material.
<br />This paragraph shall survive the expiration or sooner termination of this Lease.
<br />40. CAPTIONS:
<br />The captions are inserted only as a mater of convenience and for reference, and in no way define,
<br />limit or describe the scope of this Lease nor the intent or any provision thereof.
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