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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 sec . ( "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 />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 the
<br />Premises.
<br />7.9. Sidewalks. Tenant acknowledges that the use of the sidewalks adjoining 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
<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) occurrence, $1,000,000.00 property damage insurance, or a combined single limit in the amount of
<br />$6,000,000.00. At all times, Tenant shall maintain limits naming Landlord as an "additional insured" in an amount
<br />sufficient to cover any possible liability Landlord may have pursuant the amounts set forth at Indiana Code § 34-13-
<br />3-4, as the same may be amended, superseded or recodified from time to time.
<br />8.2. Hazardous Materials Coverage. Notwithstanding the above mentioned commercial general
<br />liability insurance policy limit for Tenant, if Tenant does or intends to bring, possess, use, store, treat or dispose any
<br />Hazardous Material in or upon the Premises or the Building, Tenant shall purchase additional public liability
<br />insurance and supply Landlord with certificates of insurance reflecting the additional insurance, with coverage of no
<br />less than $5,000,000.00 and purchase environmental impairment liability insurance with coverage of not less than
<br />$5,000,000.00 with a deductible of not greater than $50,000.00 to insure that anything contaminated with or by the
<br />Hazardous Material be removed from the Premises and /or the Building, and that the Premises and /or the Building be
<br />restored to a clean, neat, attractive, healthy, sanitary and non - contaminated condition.
<br />8.3. Dram Shop Coverage. In addition to the insurance required under this Article VIII, for any such
<br />period of time as Tenant shall serve liquor or other alcoholic beverages in or from the Premises, Tenant agrees to
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