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of the Leased Premises. Lessee shall assume all responsibility for procuring or complying with
<br />any ordinance, resolution, order, permit, consent or other such regulation, promulgated by any
<br />governmental agency whatsoever, for building or otherwise, required for the use of the Leased
<br />Premises or for the construction of any facilities upon the Leased Premises. Lessee shall
<br />indemnify, defend and hold harmless Lessor, BRIGHTLINE and the Railway from any loss, claim
<br />or damage suffered by Lessor, BRIGHTLINE or the Railway for Lessee's failure to properly and
<br />completely perform this responsibility,
<br />(b) Other Regulation
<br />Lessee shall comply with all federal, state and municipal regulations as to health,
<br />safety, zoning, police, nuisance, fire, water, liquid, solid waste and hazardous waste, highways,
<br />sidewalks and other matters, and with the regulations of all persons or corporations supplying
<br />water, gas, heat, electricity, telephone, or steam on the premises, and shall indemnify Lessor,
<br />BRIGHTLINE and the Railway against all fines, penalties, expense, damages and costs for
<br />violation thereof. Lessee is solely responsible for obtaining any and all federal, state and local
<br />licenses, permits, or other authority for its use of the premises and shall indemnify and hold
<br />harmless Lessor, BRIGHTLINE and the Railway against all fines, penalties, expenses, damage
<br />and costs for violation of or failure to comply with any federal, state or local laws or regulations.
<br />The provisions of this Paragraph 6 shall survive the expiration or any termination of this Lease.
<br />7. Hazardous Materials
<br />Lessee will prevent the presence, use, generation, release, discharge, storage,
<br />disposal, or transportation of any Hazardous Materials (as hereinafter defined) on, under, in, above,
<br />to, or from the Leased Premises except that Hazardous Materials may be used in the Leased
<br />Premises as necessary for the customary maintenance of the Leased Premises provided that same
<br />are used, stored and disposed of in the ordinary course of business in strict compliance with
<br />applicable laws. For purposes of this provision, the term "Hazardous Materials" will mean and
<br />refer to any wastes, materials, or other substances of any kind or character that are or become
<br />regulated as hazardous or toxic waste or substances, or which require special handling or treatment,
<br />under any federal, state or local laws.
<br />If Lessee's activities at the Leased Premises or Lessee's use of the Leased Premises
<br />(a) results in a release of Hazardous Materials that is not in compliance with applicable laws or
<br />permits issued thereunder; (b) gives rise to any claim or requires a response under common law or
<br />applicable laws or permits issued thereunder; (c) causes a significant public health effect; or (d)
<br />creates a nuisance, then Lessee shall, at its sole cost and expense: (i) immediately provide verbal
<br />notice thereof to Lessor (with a follow-up of written notice to Lessor in the manner required by
<br />this Lease), which notice shall identify the Hazardous Materials involved and the emergency
<br />procedures taken or to be taken; and (i) promptly take all action in response to such situation
<br />required by applicable laws, provided that Lessee shall first obtain Lessor's approval of the non-
<br />emergency remediation plan to be undertaken. The provisions of this Paragraph 7 shall survive
<br />the expiration or any termination of this Lease.
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