Laserfiche WebLink
Hazardous Material is necessary or useful to Tenant's business and will be used,kept,handled and stored in a manner that complies with <br /> all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Leased Premises).If Tenant breaches the <br /> obligations stated in the preceding sentence,or if the presence of Hazardous Material at the Building caused or permitted by Tenant <br /> results in contamination of the premises,or if contamination of the premises by Hazardous Material otherwise occurs for which Tenant is <br /> legally liable to Landlord for damage resulting therefrom,then Tenant shall indemnify,defend,and hold Landlord harmless from any and <br /> all claims,judgments,damages,penalties,fines,costs,liabilities,or losses(including,without limitation,diminution in value of any or all <br /> of the Building,damages for the loss or restriction on use of rentable or usable space,or of any amenity of the Building,damages arising <br /> from any adverse impact on marketing of space,and sums paid in settlement of claims,attorneys'fees,consultant fees and expert fees) <br /> which arise during or after the Term as a result of such contamination.This indemnification of Landlord by Tenant includes,without <br /> limitation,costs incurred in connection with any investigation of site conditions or any clean-up,remedial,removal,restoration work,or <br /> corrective action required by any governmental agency or political subdivision,or asserted in any third-party claim,because of Hazardous <br /> Material present in the soil or ground water on or under the Building or nearby property.Without limiting the foregoing,if the presence <br /> of any Hazardous Material at or around the Building caused or permitted by Tenant results in any contamination of the premises,Tenant <br /> shall promptly take all actions at its sole expense as are necessary to return the premises to the condition existing prior to the <br /> introduction of any such Hazardous Material to the premises;provided that Landlord's approval of such actions shall first be obtained, <br /> which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or <br /> short-term effect on the Building. <br /> As used herein, the term Hazardous Material means any material deemed, hazardous, toxic, or waste which is or becomes <br /> regulated by any local governmental authority,the State of Indiana, or the United States Government.The term Hazardous Material <br /> specifically includes,without limitation,any material or substance which is a)defined as a'hazardous substance'under I.C.13-7-8.7-1 of <br /> the Indiana Hazardous Substance Response Trust Fund Act, b) petroleum or petroleum bi-products, c) asbestos, d) designated as a <br /> 'hazardous substance' pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. Section 1317), e) defined as a <br /> 'hazardous waste'pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act,42 U.S.C.Section 6901 et seq.(42 <br /> U.S.C. Section 6903), f) defined as a 'hazardous substance' pursuant to Section 101 of the Comprehensive Environmental Response, <br /> Compensation and Liability Act,42 U.S.C.Section 9601 et seq.(42 U.S.C.Section 9601),or g)defined as a'regulated substance'pursuant <br /> to Subchapter IX,Solid Waste Disposal Act(Regulation of Underground Storage Tanks),42 U.S.C.Section 6991 et seq.(42 U.S.C.Section <br /> 6991). <br /> SECTION 13.14. OPTION TO RENEW. Landlord hereby grants Tenant the option to renew this Lease for one(1)additional Term <br /> of Thirty Six(36)months(the"Renewal Term"). Tenant shall pay Rent for the Premises during the Renewal Term as provided in SECTION <br /> 4.2 hereof and Tenant shall pay CAM as provided in SECTION 4.3 hereof. The renewal option shall be exercised,if at all,in writing,at least <br /> ninety(90)days but not more than one hundred twenty(120)days prior to the expiration of the Term of this Lease. <br /> SECTION 13.14. SECURITY DEPOSIT. Tenant will,upon signature of this Lease,pay an amount equal to the Rent for one month <br /> for the full and faithful performance by Tenant of all of its duties under this Lease and without any liability on Landlord for interest. The <br /> Security Deposit will be held by Landlord,without interest,and may be applied to any liability,costs or damages caused to Landlord, <br /> including but not limited to cleaning,breakage,repairs,non-payment,and/or non-performance,without waiving or limiting Landlord's <br /> right to hold Tenant liable for any liability,costs or damages otherwise due. Any portion of the Security Deposit not so expended will be <br /> returned forty-five days after termination or expiration of the Lease and surrender of the Premises and all keys to the Landlord. <br /> [Signature Pages Follow] <br /> -11- <br />