any contaminants , pollutants , or pollution , including , but not limited to ,
<br /> hazardous or toxic substances , chemicals or other agents on , into , or from the
<br /> leased premises or any adjacent lands or waters in any manner not permitted by
<br /> law . For the purposes of this lease , " hazardous substances " shall mean and
<br /> include those elements or compounds defined in 42 USC Section 9601 or which
<br /> are contained in the list of hazardous substances adopted by the United States
<br /> Environmental Protection Agency ( EPA ) and the list of toxic pollutants
<br /> designated by the United States Congress or the EPA or defined by any other
<br /> federal , state or local statute , law , ordinance , code , rule , regulation , order
<br /> or decree regulating , relating to , or imposing liability or standards of
<br /> conduct concerning any hazardous , toxic or dangerous waste , substance ,
<br /> material , pollutant or contaminant . " Pollutants " and " pollution " shall mean
<br /> those products or substances defined in Chapters 376 and 403 , Florida
<br /> Statutes , and the rules promulgated thereunder , all as amended or updated from
<br /> time to time . In the event of LESSEE ' s failure to comply with this paragraph ,
<br /> LESSEE shall , at its sole cost and expense , promptly commence and diligently
<br /> pursue any legally required closure , investigation , assessment , cleanup ,
<br /> decontamination , remediation , restoration and monitoring of ( 1 ) the leased
<br /> premises , and ( 2 ) all off - site ground and surface waters and lands affected by
<br /> LESSEE ' s such failure to comply , as may be necessary to bring the leased
<br /> premises and affected off - site waters and lands into full compliance with all
<br /> applicable federal , state or local statutes , laws , ordinances , codes , rules ,
<br /> regulations , orders and decrees , and to restore the damaged property to the
<br /> condition existing immediately prior to the occurrence which caused the
<br /> damage . LESSEE ' S obligations set forth in this paragraph shall survive the
<br /> termination or expiration of this lease . This paragraph shall not be
<br /> construed as a limitation upon LESSEE ' S obligations as set forth in paragraph
<br /> 14 of this lease , nor upon any other obligations or responsibilities of LESSEE
<br /> as set forth herein . Nothing herein shall relieve LESSEE of any
<br /> responsibility or liability prescribed by law for fines , penalties and damages
<br /> levied by governmental agencies , and the cost of cleaning up any contamination
<br /> caused directly or indirectly by LESSEE ' S activities or facilities . Upon
<br /> discovery of a release of a hazardous substance or pollutant , or any other
<br /> Page 7 of 14
<br /> Lease No . 4490
<br /> R11 / 26 / 03
<br />
|