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(d) Environmental Hazard. If du ring the Term an Environmental Hazard caused by Landlord's Environmental Acts causes the Premises or any other part of the Center to be rendered untenantable, either in whole or in part, or materially and adversely affects Tenant's ability to operate its business in the Premises in the normal course, in Tenant's reasonable judgment (subject to Landlord's right to submit the matter to arbitration pursuant to Section 18.5, if Landlord disputes Tenant's determination), Landlord shall promptly eliminate the Environmental Hazard caused by Landlord's Environmental Acts and rebuild, repan or restore all affected buildings and improvements. If such condition of untenantability or inability to operate within the Premises (or to use the Parking Facility and other Common Areas as contemplated hereunder) continues for more than ninety (90) days following written notice from Tenant to Landlord (and to each Mortgagee) of the occurrence of the Environmental Hazard caused by Landlord's Environmental Acts, then until such untenantability or inability has ended, Tenant shall have the right to terminate this Lease by written notice to Landlord (and to each Mortgagee) at any time after such period, provided that Landlord does not cure the condition within fifteen (15) days after such written notice of termination from Tenant to Landlord and each Mortgagee. In the event that this Lease shall be terminated as a result of an Environmental Hazard caused by Landlord's Environmental Acts, if any Base Rent or other charge has been paid in advance, Landlord shall refund to Tenant all sums so paid for the period after the date of untenantability or inability to operate. During any period during which as the result of an Environmental Hazard caused by Landlord's Environmental Acts any part of the Premises is untenantable or Tenant is materially hindered from operating its business therein in the normal course of business the Base Rent and other charges payable hereunder shall be abated in proportion to the Net Leasable Floor Area of the Premises so affected. (e) General Representation. To the best of Landlord's knowledge and without independent investigation, as of the Effective Date there are no Hazardous Materials located within the Center in violation of Environmental Laws that could result in or are subject to any governmental action, except as specified in the environmental reports identified on Exhibit I attached hereto and made a part hereof (the "Environmental Reports"). Section 19.3 Effect of Termination. All liabilities of Landlord and Tenant, respectively, under this Article 19, accrued as of the date this Lease terminates, shall survive such termination. In the event that this Lease shall be terminated as a result of Environmental Hazard pursuant to Section 19 .2( d) or as a result of the interruption of utility service to the Premises in accordance with Section 8.2, Landlord shall promptly reimburse Tenant for the Unamortized Tenant Costs (defined below) as of the date of such termination. As used herein, the "Unamortized Tenant Costs" shall mean, as of the date in question, the unamortized costs of Tenant's Work performed and/or paid for by Tenant to the extent Tenant's Work remains upon the Premises and has not (and will not) be removed by Tenant thereafter, plus the unamortized portion of all other capitalized costs incurred by Tenant with respect to other permanent improvements constructed in connection with this Lease or the Premises to the extent such 67 CHG02:3091375.v8 . -.,.,......."...-