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<br /> or delivered to or served upon, Tenant (excluding those which may be reasonably
<br /> considered confidential): all orders, reports, listings and correspondence of or concerning
<br /> the release, investigation of, compliance, clean up, remedial and corrective actions, and
<br /> abatement of Hazardous Materials whether or not required by any Applicable Laws,
<br /> including, reports and notices required by or given pursuant to any Applicable Laws, and
<br /> all complaints, pleading and other legal documents filed against Tenant related to
<br /> Tenant's use, handling, storage or disposal of Hazardous Materials. In the event of a
<br /> release of any Hazardous Materials in violation of Applicable Laws in, on or about the
<br /> Premises, Tenant shall promptly notify Landlord and provide Landlord with copies of all
<br /> reports and correspondence with or from all governmental agencies, authorities or any
<br /> other persons relating to such release (excluding those which may be reasonably
<br /> considered confidential).
<br /> (c) Environmental Actions. Landlord may join and participate in any legal
<br /> proceedings or actions initiated in connection with any claims or causes of action arising
<br /> out Tenant's Environmental Acts which results in (i) injury to any person within or about
<br /> the Premises or the Center, (ii) injury to or any contamination of the Premises or the
<br /> Center or (iii) injury to or contamination of any real or personal property wherever
<br /> situated. Tenant, at its sole cost and expense, shall promptly take all actions necessary to
<br /> return the Premises and the Center to the condition existing prior to the introduction of
<br /> such Hazardous Materials as a consequence of Tenant's Environmental Acts and to
<br /> remedy or repair any such injury or contamination. Notwithstanding the foregoing,
<br /> Tenant shall not, without Landlord's prior written consent, which consent shall not be
<br /> unreasonably withheld or denied or conditioned or delayed, take any remedial action in
<br /> response to the presence in violation of Applicable Laws of any Hazardous Materials in
<br /> the Premises or the Center or enter into any settlement agreement, consent decree or other
<br /> compromise with any governmental agency with respect to any Hazardous Materials
<br /> claims; provided, however, Landlord's prior written consent shall not be necessary in the
<br /> event that the presence of Hazardous Materials in the Premises (i) poses an immediate
<br /> threat to the health, safety or welfare of any individual or (ii) is of such nature that an
<br /> immediate remedial response is necessary and it is not possible to obtain Landlord's
<br /> consent before taking such action.
<br /> Section 19.2 Landlord's Responsibilities.
<br /> (a) General Covenant. Landlord shall not cause or permit any Hazardous
<br /> Materials to be brought upon, stored, used, generated, released into the environment or
<br /> disposed of, on, in, under or about the Common Areas, the Building or any other portion
<br /> of the Center by Landlord, its agents, employees, or contractors in violation of any
<br /> Applicable Law. Landlord hereby agrees to indemnify, defend and hold Tenant free and
<br /> harmless from and against any and all claims, judgments, damages, liabilities and losses
<br /> which arise from Hazardous Materials in or about the Center in violation of Applicable
<br /> Law which are present at the Center as of the Effective Date (including, without
<br /> limitation, the conditions identified in the Environmental Reports) or are brought upon,
<br /> stored, used, generated or released into the environment by or through the acts or
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<br /> CHG02:3091375.v8
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