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30. ENVIRONMENTAL. <br />A. LESSEE shall not bring any Hazardous Materials onto the <br />Premises/Property, except for those contained in its back-up power batteries and common <br />materials used in telecommunications operations. "Hazardous Materials" shall mean any <br />substance, chemical or waste identified as hazardous, toxic or dangerous in any applicable <br />federal, state or local law or regulation, including petroleum and asbestos. LESSEE will treat <br />and dispose of any Hazardous Materials brought onto the Premises/Property by it in accordance <br />with all federal, state and local laws and regulations. <br />B. LESSOR will be responsible for all obligations of compliance with any <br />and all environmental and industrial hygiene laws, including any regulations, guidelines, <br />standards, or policies of any governmental authorities regulating or imposing standards of <br />liability or standards of conduct with regard to any environmental or industrial hygiene <br />conditions or concerns as may now or at any time hereafter be in effect, that are or were in any <br />way related to activity now conducted in, on, or in any way related to the Property, unless such <br />conditions or concerns are caused by the activities of LESSEE. <br />C. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and <br />assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties, <br />responsibilities, and liability (including but not limited to payment of penalties, sanctions, <br />forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, <br />summons, citation, directive, litigation, investigation or proceeding which is in any way related <br />to: (i) failure to comply Ncith any environmental or industrial hygiene law, including without <br />limitation any regulations, guidelines, standards, or policies of any governmental authorities <br />regulating or imposing standards of liability or standards of conduct with regard to any <br />environmental or industrial hygiene concerns or conditions as may now or at any time hereafter <br />be in effect, unless such compliance results from conditions caused by LESSEE; and (ii) any <br />environmental or industrial hygiene conditions arising out of or in any way related to the <br />condition of the Property or activities conducted thereon, unless such environmental conditions <br />are caused by LESSEE. <br />D. In the event LESSEE becomes aware of any hazardous materials on the <br />Property, or any environmental, health or safety condition or matter relating to the Property, that. <br />in LESSEE's sole determination, renders the condition of the Premises or Property unsuitable for <br />LESSEE'S use, or if LESSEE believes that the leasing or continued leasing of the Premises would <br />expose LESSEE to undue risks of liability to a government agency or third patty, LESSEE will <br />have the right, in addition to any other rights it may have at law or in equity, to terminate this <br />Agreement upon written notice to LESSOR <br />31. CASUALTY. In the event of damage by fire or other casualty to the Premises <br />that cannot reasonably be expected to be repaired within sixty (60) days following same or, if the <br />Property is damaged by fire or other casualty so that such damage may reasonably be expected to <br />disrupt LESSEE's operations at the Premises for more than sixty (60) days, then LESSEE may at <br />any time following such fire or other casualty, provided LESSOR has not commenced the <br />restoration required to permit LESSEE to resume its operation at the Premises, terminate this <br />Agreement upon twenty (.20) days written notice to LESSOR. Any such notice of termination <br />shall cause this Agreement to expire with the same force and effect as though the date set forth in <br />such notice were the date originally get as the expiration date of this Agreement and the parties <br />12 <br />