Agenda - Council Work Session - 12/12/2017

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Leased Premises, and whether or not the same require structural repairs or alterations, which may be applicable to the Leased Premises, or the use or manner of use of the Leased Premises. Tenant will likewise observe and comply with the requirements of all policies of public liability, fire and all other policies of insurance at any time in force with respect to the buildings and improvements on the Leased Premises and the equipment thereof. 38. HAZARDOUS MATERIAL: In the event any Hazardous material (hereinafter defined) is brought or caused to be brought into or onto the Leased Premises by Tenant, Tenant shall handle any such material in compliance with all applicable federal, state and/or local regulations. For purposes of this paragraph, "Hazardous Material" means and includes any hazardous, toxic or dangerous waste, substance or material defined as such in (or for purposes of) the Comprehensive Environmental Response, Compensation, and Liability Act, and so-called "Superfund" or "Super lien" law, or any federal, state or local statute, law, ordinance, code, rule, regulation, order decree regulation, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect. Tenant shall submit to Landlord on an annual basis copies of its approved hazardous materials communication plan, OSHA monitoring plan, and permits required by the Resource Recovery and Conservation Act of 1976, if Tenant is required to prepare, file or obtain any such plans or permits. Tenant will indemnify and hold harmless Landlord from any losses, liabilities, damages, costs or expenses (including reasonable attorney's fees) which Landlord may suffer or incur as a result of Tenant's introduction into or onto the Leased Premises, of any Hazardous Material. This paragraph shall survive the expiration or sooner termination of this Lease. 39. CAPTIONS: The captions are inserted only as a mater of convenience and for reference, and in no way define, limit or describe the scope of this Lease nor the intent or any provision thereof. 40. ATTACHMENTS: See also Exhibit A, which Exhibit is attached hereto and made a part hereof. Exhibit Descrintion Exhibit A Leased Premises Rules and Regulations Exhibit B Graphic Depiction of Leased Premises Exhibit C Personal Property List 41. SUBMISSION: Submission of this instrument to Tenant or proposed Tenant or its agents or attorneys for examination, review, consideration or signature does not constitute or imply an offer to lease, reservation of space, or option to lease, and this instrument shall have no binding Iegal effect until execution hereof by both Landlord/Owner and Tenant or its agents. 19