COM 0439.002 1996-1998 - Laserfiche WebLink

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z. kind, whether known or unknown, which Lessee had, has or at ar..~ time may have, based on: (i) the presence or release of any Hazardous Materials from, on, in, under or affecting ail or any port_on of the Premises (including any groundwater under the Premises) occurring prior to or during the Term of this Lease; (ii) any violation or claim of violation by Lessee of any Hazardous Materials Law; or (iii) the imposition of any claim for the recovery of any costs for environmental cleanup or other response costs relating to any Hazardous Discharge or to any release or threatened release of Hazardous Materials .-"rom, on, in or under the Premises during the Term of this Lease. This release does not include any Hazardous Discharge or release of Hazardous Materials occurring prior to the Term of this Lease. (c) Lessee's Obligation to Obtain Approvals. Lessee shall be solely responsible for obtaining: (i) all necessary consents, approvals and permits required to be obtained from any governmental agency in order to cultivate the Premises for papaya cultivation; and (ii) all roads, paths, water, sewer and other utility services and facilities required for or in connection with cultivation of the Premises. (d) Lessor's Obligation To Cooperate. Lessor will cooperate with Lessee in obtaining necessary governmental consents, approvals and permits required to be obtained from any governmental agency in order to develop the Premises for agricultural purposes, including the joinder in any application as may from time to time be required by any governmental agency as a condition to the development of the Premises for such permitted use; provided, however, that Lessee shall bear all costs of obtaining such consents, approvals and permits, including costs for any joinder by Lessor. (e) Environmental Screening Survey. Within thirty (30) days of the Commencement Date of this Lease, Lessor shall cause R. M. Towill Corp., an environmental engineer and consultant, to investigate the Premises and other lands to determine the environmental condition of the Premises by performing an environmental compliance screening survey of available public and private databases conducted in accordance with the then current standards and protocols of the American Society for Testing and Materials (the "Baseline Assessment"). Lessee shall acknowledge in writing any conditions cited in the Baseline Assessment of the Premises and will indemnify Lessor against any claims for damages which may arise from any such conditions. GLS 081997 12548.6 GLS 2002 064 13