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(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 in 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 seq. ( "CERCLA "), and the Resource <br />Conservation and Recovery Act, as amended, 42 U.S.C. Sec. 6901 et seq. ( "RC RA "), and the term "Hazardous <br />Chemical" 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 Indemnify, 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 />term "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 otherwise 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) showing the Premises to prospective purchasers, lenders, and tenants. During the last <br />one hundred and eighty (180) days of the Term, Landlord may put a "For Lease" sign in the storefront window of <br />the Premises. <br />7.9. Parking Spaces. Landlord shall reserve and provide six (6) parking spaces in the St. <br />Joseph/Wayne Parking Garage in the Building, for Tenant's use in connection with Tenant's operation and use of <br />the Premises. Tenant may not sell, assign, sublet or otherwise make available any or all of such parking spaces for <br />any other purpose or use. <br />ARTICLE VIIL <br />INSURANCE AND INDEMNIFICATION <br />8.1: Tenant's Liability insurance. Tenant, at its expense, shall maintain during the Term, commercial <br />general liability insurance on the Premises covering Tenant as the named insured and identifying Landlord as an <br />"additional insured" with terms satisfactory to Landlord and with companies qualified to do business in the State, for <br />limits of not less than $700,000.00 for bodily injury, including death resulting therefrom, and personal injury for any <br />one (1) person in any one (1) occurrence, $5,000,000.00 for such injuries for all persons for any one (1) occurrence, <br />$1,000,000.00 property damage insurance, or a combined single Iimit in the amount of $6,000,000.00. <br />Notwithstanding the foregoing, Tenant shall, at all times, maintain said general liability insurance naming Landlord <br />as an "additional insured" for bodily injury, including death resulting thereform and personal injury with limits <br />sufficient to cover the Landlord's exposure to liability for said injuries, which amounts are set forth at Indiana Code <br />§ 3413 -3 -4, as the same may be amended, superseded or recodified from time to time. <br />• v <br />F.• kDATAISHAREtLegallWpdatatSEPlEconomic DevelopmentlBillie'sWtate CafelState Cafe Lease (version S).doc <br />