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(3)
<br />releases, or threatened releases of pollutants, contaminants, or
<br />chemical, industrial, hazardous, or toxic materials or wastes into
<br />ambient air, surface water, ground water, or lands or otherwise
<br />relating to the manufacture, processing, distribution, use,
<br />treatment, storage, disposal, transport, or handling of pollutants,
<br />contaminants, or chemical, industrial, hazardous, or toxic materials
<br />or wastes.
<br />"Discharge" shall mean the releasing, spilling, leaking, leaching,
<br />disposing, depositing, manufacturing, treating, generating,
<br />refining, pumping, pouring, emitting, emptying or dumping of
<br />Hazardous Materials at, into, onto or migrating from or onto the
<br />Premises, regardless of whether it is the result of an intentional or
<br />unintentional action or omission.
<br />12.2.4 This Section's indemnity provisions shall survive this Lease's
<br />termination or expiration.
<br />13. Fire and Other Casualty Affecting the Premises.
<br />13.1 Notice of Casualty by Tenant. If the improvements situated upon the
<br />Premises shall be damaged or destroyed by any peril, including, but not limited to, fire,
<br />windstorm or any other casualty, (each such occurrence hereinafter referred to as a
<br />"Casualty"), at any time, whether covered by insurance to be provided by Tenant under
<br />this Lease, or not, Tenant shall give prompt notice of such a Casualty to Landlord.
<br />13.2 Impairment of Use. In the event the Premises shall be untenantable or unfit for
<br />occupancy in whole or in part by the total or partial destruction of the building by fire or other
<br />casualty, and the Landlord shall fail or refuse within 30 days thereafter to agree in writing to
<br />restore the same within 90 days, this Lease may be terminated by either Landlord or Tenant by
<br />notice in writing; in the event this Lease shall be terminated by either party hereto for said reason,
<br />Tenant's obligation to pay rent shall be deemed to have ceased as of the date the Premises were
<br />rendered untenantable or unfit for occupancy; and in the event the Landlord shall agree in writing
<br />to restore the Premises within said time, or Tenant continue to occupy the Premises in whole or in
<br />part, the rent to be paid hereunder shall be reduced pending such restoration, and shall be abated
<br />in an amount equal to the percentage of space loss suffered by Tenant by virtue of the impairment
<br />of the Premises. The extent of abatement of rent due ov percentage thereof shall be determined by
<br />the actual space used, or by local building occupancy officials in the event the parties cannot
<br />agree.
<br />14. Other Insurance Matters. All the insurance required under this Lease shall:
<br />A. Be issued by insurance companies authorized to do business in the State of
<br />Minnesota, and acceptable to Landlord, in Landlord's sole discretion.
<br />B. Be issued as a primary policy.
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