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ADDENDUM 1
<br />Environmental and Pollution Indemnity and Hazardous Substances Addendum
<br />1. Hazardous Substances. Lessee shall use and handle Hazardous Substances in
<br />compliance with all applicable federal, state and local laws, regulations, orders and manufacturer
<br />guidelines. Lessee shall indemnify and hold Lessor harmless from any claim, expense, fine,
<br />diminution in value of the Premises, enforcement costs or any injury or damage to persons and/or
<br />property that result from Lessee's use of such materials on or about the Premises.
<br />2. Hazardous Substances. The term "Hazardous Substances" shall include: (a) any
<br />substance, product, waste or other material of any nature whatsoever which is or becomes listed,
<br />regulated or addressed pursuant to the Comprehensive Environmental Response, Compensation and
<br />Liability Act, 42 U.S.C. § 9601, et sec,. ( "CERCLA "); the Hazardous Materials Transportation Act,
<br />49 U.S.C. § 1801, et sec,.; the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.
<br />( "RCRA "); the Toxic Substances Control Act, 15 U.S.C. § 2601 et M.; the Clean Water Act, 33
<br />U.S.C., § 1251 et s�ce ,.; or any other federal, state or local statute, law, ordinance, resolution, code,
<br />rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct
<br />concerning any substance or material, as now or at any time hereafter in effect, (b) any substance,
<br />product, waste or other material of any nature whatsoever which may give rise to liability under any
<br />of the above statutes or under any statutory or common law theory based on negligence, trespass,
<br />intentional tort, nuisance or strict liability or under any reported decisions of a state of federal court,
<br />(c) petroleum or crude oil other than petroleum and petroleum products which are contained within
<br />regularly operated motor vehicles, heavy equipment or plant equipment and (d) asbestos.
<br />3. Lessee's Covenants Regarding Hazardous Substances. Lessee shall not cause or permit
<br />any Hazardous Substances to be brought upon or kept or used in or about the Premises, unless (a)
<br />such Hazardous Substances are necessary for the Permitted Use including but not limited to fuel and
<br />used oil; (b) such use is in compliance with all applicable laws; and (c) Lessee first obtains the
<br />written consent of Lessor.
<br />4. Compliance with Environmental Laws. Lessee shall at all times and in all respects
<br />comply with all local, state and federal laws, ordinances, regulations and orders relating to the use,
<br />analysis, generation, manufacture, storage, disposal or transportation of any Hazardous Substances.
<br />Upon expiration or earlier termination of the Term, Lessee shall cause all Hazardous Substances
<br />to be removed from the Premises.
<br />5. Pollution Control. Lessee shall at all times and in all respects comply with all local, state
<br />and federal laws, ordinances, regulations and orders relating to the pollution control and protection.
<br />6. Notices. If at any time Lessee shall become aware or have reasonable cause to believe that
<br />any breach of any applicable law has occurred, Lessee shall immediately give written notice of that
<br />condition to Lessor. In addition, Lessee shall immediately notify Lessor in writing of (a) any
<br />enforcement, cleanup, removal or other governmental or regulatory action instituted, completed or
<br />threatened pursuant to any applicable laws, (b) any claim made or threatened by any person against
<br />Lessee or the Premises relating to damage, contribution, cost recovery, compensation, loss or injury
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