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materials normally and customarily used in offices, such as cleaning supplies, kept in small
<br />quantities and safely stored, neither City nor Landlord nor their agents, employees,
<br />contractors, sublessees, assignees or invitees shall use, handle, store, transport, release or
<br />dispose of any Hazardous Materials anywhere in, on, under or about the Property or any
<br />portion thereof. City and Landlord shall cause any and all Hazardous Materials brought
<br />onto, used, generated, stored or discharged in the Premises to be removed from the
<br />Premises and transported for disposal in accordance with applicable Hazardous Materials
<br />Laws. Landlord shall have the right to enter the Premises from time to time to conduct
<br />tests, inspections and surveys concerning Hazardous Materials and to monitor City's
<br />compliance with its obligations concerning Hazardous Materials and Hazard Materials
<br />Laws. City shall immediately notify Landlord in writing of any voluntary clean-up or
<br />removal action instituted or proposed by City, any enforcement, clean-up, removal or other
<br />governmental or regulatory action instituted or threatened, or any claim made or threatened
<br />by any person against City, the Premises, the Building, the Property, or any portion thereof,
<br />relating to Hazardous Materials or Hazardous Materials Laws. City shall also supply to
<br />Landlord as promptly as possible, and in any event within five (5) business days after City
<br />receives or sends same, copies of all claims, reports, complaints, notices, warnings or
<br />asserted violations relating in any way to the Premises or City's use thereof and concerning
<br />Hazardous Materials or Hazardous Materials Laws.
<br />11.2. Indemnification. Landlord shall indemnify, defend and hold City harmless from
<br />any claims, causes of action, liabilities, losses, damages, injunctions, suits, fines, penalties,
<br />costs or expenses (including attorneys' fees and expenses) caused or alleged to have been
<br />caused by the presence of Hazardous Materials in or about the Premises, including, without
<br />limitation, any bodily injury, death, property damage, decrease in value of the Premises or
<br />Building, caused or alleged to have been caused by the use, storage, generation, presence
<br />or release of Hazardous Materials , whether such claims, causes of action or liabilities are
<br />first asserted during the Term or thereafter, and including without limitation, claims made
<br />against the City with respect to bodily injury, death or property damage sustained by third
<br />parties caused or alleged to have been caused by the use, storage, generation, presence or
<br />release of Hazardous Materials.
<br />12. DAMAGE AND DESTRUCTION.
<br />If, during the Term, the Building and other improvements that are part of the Premises are totally
<br />or partially destroyed from any cause rendering the Premises totally or partially inaccessible or
<br />unusable ("Casualty"), then Landlord shall have the right at Landlord's option to give written
<br />notice to City within 30 days after the date of the occurrence of such damage of Landlord's
<br />intention to either (i) repair such damage as soon as reasonably possible at Landlord's expense, or
<br />(ii) terminate this Agreement as of the date of the occurrence of such damage. If Landlord elects
<br />to repair the damage, and if the restoration can be made under then existing laws and can be
<br />completed within 30 working days after obtaining all necessary permits therefor, then Landlord
<br />shall restore the Building and improvements to substantially the same condition as they were in
<br />immediately before destruction. If the restoration cannot be so made, then within 15 days after the
<br />Parties determine that the restoration cannot be made, City can terminate this Agreement
<br />immediately by giving written notice to Landlord. If the existing laws do not permit the
<br />restoration, either party can terminate this Agreement by giving 30 days prior written notice to the
<br />ATTY/DOCS-AGREEMENT/2021.024/POLICE SUBSTATION LEASE
<br />REV: 02-03-2021 VR
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