ii. create, or permit to be created, any sound level which will interfere with the quiet enjoyment of
<br />any real property by any tenant or occupant of the Building, or which will create a nuisance or violate any Laws;
<br />iii. transmit, receive, or permit to be h~ansmitted or received, any electromagnetic, microwave or other
<br />radiation which is harmful or hazardous to any person or property ui, on or about the Premises or the Building, or
<br />which interferes with the operation of any electrical, electronic, telephonic or other equipment wherever located,
<br />whether on the Premises or the Building;
<br />iv. create, or permit to be created, any ground vibration that is discernible outside the Premises; or
<br />v. produce, or permit to be produced, any intense glare, light or heat except within an enclosed or
<br />screened area and then only in such manner that the glare, light or heat shall not be discernible outside the Premises.
<br />(b) Hazardous Materials. Tenant shall be permitted to use and store those Hazardous Materials, as
<br />defined below, that are used in the normal course of Tenant's Use at the Premises, so long as such Hazardous
<br />Materials are used, stored, handled and disposed of in compliance with applicable Law. Subject to the exception
<br />contained in the preceding sentence, Tenant shall not, without the prior written consent of Landlord, cause or permit,
<br />knowingly or unknowingly, any Hazardous Material to be brought or remain upon, kept, used, discharged, leaked, or
<br />emitted in or about, or treated at, the Premises or the Building. As used nl this Lease, "Hazardous Material(s)" shall
<br />mean any hazardous, toxic, infectious or radioactive substance, material, matter or waste which is or becomes
<br />regulated by any federal, state or local Law, ordinance, order, rule, regulation, code or any other governmental
<br />restriction or requirement, and shall include, but not be limited to, asbestos, petroleum products, and the terms
<br />"Hazardous Substance" and "Hazardous Waste" as defined in the Comprehensive Environmental Response,
<br />Compensation and Liability Act, as amended, 42 U.S.C. Sec. 9601 et s_eg. ("CERCLA'~), and the Resource
<br />Conservation and Recovery Act, as amended, 42 U.S.C. Sec. 6901 et seq. ("RCRA"), and the term '`Hazardous
<br />ChemicaP' as defined in OSHA (hereinafter "Environmental Laws").
<br />In addition to, and in no way limiting, Tenant's duties and obligations under this Lease, should Tenant
<br />breach any of its duties and obligations as set forth in this Section 7.7(b), or if the presence of any Hazardous
<br />Material(s) on the Premises results in contamination of the Premises, the Building, any land other than the Building,
<br />the atmosphere, or any water or waterway (including without limitation groundwater), or if contamination of the
<br />Premises or of the Building by any Hazardous Material(s) otherwise occurs for which Tenant is otherwise legally
<br />liable to Landlord for damages resulting therefrom. Tenant shall Indenmify, as hereinafter defined. Landlord from
<br />and against any Loss. as hereinafter defined. arising during or after the Term as a result of such contamination. The
<br />terns "Loss," in this Section 7.7(b) includes, without limitation. costs and expenses incurred in connection with any
<br />investigation of site conditions or any cleanup. remediation, removal. fines, monitoring, or restoration work required
<br />or imposed by any federal, state or local governmental agency or political subdivision because of the presence of
<br />Hazardous Material(s) on or about the Premises or the Building" or because of the presence of Hazardous Material(s)
<br />anywhere else which came or othen~•ise emanated from Tenant or the Premises. The indemnification contained in
<br />this Section 7.7(b) shall survive the Termination Date.
<br />7.8. Inspections. Tenant shall permit Landlord and its employees, agents and contractors to enter the
<br />Premises at reasonable times (or at any time in the event of an emergency) for the purpose of: (a) inspecting the
<br />Premises: (b) making repairs. replacements. additions, or alterations to the Premises.. or to the building in which the
<br />Premises is located: and (c) sho~~~ing the Premises to prospective purchasers, lenders. and tenants. During the last
<br />one hundred and eighty (180) days of the Tenn. Landlord may put a "For Lease ' sign in the storefront window of
<br />the Premises.
<br />7.9. Sidewalks. Tenant acla~o~~•ledges that the use of the sidewalks adjoiiung the Premises is
<br />controlled by the South Bend Board of Public Works (the "BPW"). The Landlord makes no representation
<br />concerning the availability of such use for dining or other purposes. Tenant understands that it must make
<br />application to the BPW for a permit to use the adjoining sidewalks. Landlord shall not oppose such application.
<br />ARTICLE VIII.
<br />INSURANCE AND INDEMNIFICATION
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