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as Landlord may from time to time prescribe. Tenant shall not commit waste; overload the floors
<br />or structure of the Improvements; permit any unreasonable odors, smoke, dust, gas, substances,
<br />noise, or vibrations to emanate from the Premises that are offensive or objectionable to Landlord
<br />or nearby property owners or occupants; take any action which would constitute a nuisance or
<br />would disturb, obstruct, or endanger Landlord or nearby property owners or occupants; take any
<br />action which would abrogate any warranties; or use or allow the Premises to be used for any
<br />unlawful purpose; and shall cooperate with Landlord and Landlord's agents to prevent those
<br />actions. Landlord shall not be responsible for Landlord's failure to enforce any of the Additional
<br />Requirements.
<br />11. ENVIRONMENTAL MATTERS.
<br />11.1 Environmental Compliance. Tenant shall, at its sole cost and expense, comply
<br />with all laws, codes, rules, orders, ordinances, directives, regulations, permits, or other
<br />requirements of federal, state, county, municipal or governmental authorities having jurisdiction,
<br />now in force or which may hereafter be in force (collectively, "Hazardous Materials Laws")
<br />concerning the management, use, generation, storage, transportation, discharge or disposal of
<br />any and all pollutants, wastes, flammables, explosives, radioactive materials, hazardous or toxic
<br />materials, hazardous or toxic wastes, hazardous or toxic substances, carcinogenic materials or
<br />contaminants and all other materials governed, monitored, or regulated by any Federal, State or
<br />local law or regulation, including but not limited to the Comprehensive Environmental Response,
<br />Compensation and Liability Act, the Hazardous Substances Account Act, and/or the Resources
<br />Conservation and Recovery Act. "Hazardous Materials" include asbestos, asbestos -containing
<br />materials, hydrocarbons, polychlorinated biphenyl ("PCB") or PCB -containing materials,
<br />petroleum, gasoline, petroleum products, crude oil or any fraction, product or by-product thereof
<br />(collectively, "Hazardous Materials"). Neither Tenant nor Tenant's Parties shall use, handle,
<br />store, transport, treat, generate, release or dispose of any Hazardous Materials anywhere in, on,
<br />under or about the Premises or the Property. Tenant shall cause any and all Hazardous Materials
<br />brought onto, used, generated, handled, treated, stored, released or discharged on or under the
<br />Premises or the Property to be removed from the Premises and Property and transported for
<br />disposal in accordance with applicable Hazardous Materials Laws. Landlord shall have the right
<br />(but not the obligation) to enter the Premises from time to time to conduct tests, inspections and
<br />surveys concerning Hazardous Materials and to monitor Tenant's compliance with its obligations
<br />concerning Hazardous Materials and Hazard Materials Laws. Tenant shall immediately notify
<br />Landlord in writing of: (i) any release or discharge of any Hazardous Material; (ii) any voluntary
<br />clean-up or removal action instituted or proposed by Tenant, (iii) any enforcement, clean-up,
<br />removal or other governmental or regulatory action instituted or threatened, or (iv) any claim made
<br />or threatened by any person against Landlord, Tenant, the Premises, or the Property or any
<br />portion thereof relating to Hazardous Materials or Hazardous Materials Laws. Tenant shall also
<br />supply to Landlord as promptly as possible, and in any event within five (5) business days after
<br />Tenant receives or sends same, copies of all claims, reports, complaints, notices, warnings or
<br />asserted violations relating in any way to the Premises or Tenant's use thereof and concerning
<br />Hazardous Materials or Hazardous Materials Laws. In the event Tenant institutes a cleanup or
<br />removal action, Tenant shall provide copies of all work plans and subsequent reports submitted
<br />to the governmental agency with jurisdiction to Landlord in a timely manner.
<br />REV: 01-21-2022 SK 10
<br />ATTY/AGR.2022.010.2/City- County Land Swap (Page 16 of 34)
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