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DO NOT RECORD <br />The remedies given to Agency in this Agreement shall not be exclusive, but shall be <br />cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere <br />provided in this Agreement. <br />Section 6.06 Waiver of Breach <br />The waiver by Agency of any breach by Lessee of any of the provisions of this <br />Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach <br />by Lessee either of the same or another provision of this Agreement. <br />ARTICLE 7 -HAZARDOUS MATERIALS <br />Section 7.01 <br />At the time of execution of this Agreement, Agency wan-ants that the Property is clean <br />and contains no known hazardous materials. Lessee represents and warrants that it will <br />comply with all environmental laws during the teiYn of this Agreement; its use of the <br />Property herein will not generate any hazardous substance, and it will not store or dispose <br />on the Property nor transport to or over the Property any hazardous substance. Lessee <br />further agrees to clean-up and remediate any hazardous substance on the Property, and <br />hold Agency harmless from and indemnify Agency against any release of any such <br />hazardous substance and any damage, loss, or expense or liability resulting from such <br />release including all attorneys' fees, costs and penalties incurred as a result thereof except <br />any release caused by the negligence of Agency, its employees or agents. "Hazardous <br />substance" shall be interpreted broadly to mean any substance or material defined or <br />designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or <br />radioactive substance, or other similar term by any federal, state or local environmental <br />law, regulation or rule presently in effect or promulgated in the future, as such laws, <br />regulations or rules may be amended from time to time; and it shall be interpreted to <br />include, but not be limited to, any substance which after release into the enviromnent will <br />or may reasonably be anticipated to cause sickness, death or disease. <br />ARTICLE 8 -MISCELLANEOUS <br />Section 8.01 Force Majeure -Unavoidable Delays <br />Should the perfoiznance of any act required by this Agreement to be performed by either <br />Agency or Lessee be prevented or delayed by reason of an act of God, strike, lockout, <br />labor troubles, inability to secure materials, restrictive govermnental laws or regulations, <br />or any other cause except financial inability not the fault of the party requu-ed to perform <br />the act, the time for performance of the act will be extended for a period equivalent to the <br />period of delay, and performance of the act during the period of delay will be excused, <br />provided, however, that nothing contained in this section shall excuse the prompt <br />payment of compensation by Lessee as required by this Agreement or the performance of <br />any act rendered difficult solely because of the financial condition of the party, Agency <br />or Lessee, required to perform the act.