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<br /> corporation, trust, or partnership, Lessee shall, within thirty (30) days after execution of this
<br /> Lease, deliver to Lessor evidence of such authority satisfactory to Lessor.
<br /> . 43. Conflict. Any conniet between the printed provisions of this Lease and the typewritten
<br /> or handwritten provisions, if any, shall be controlled by the typewritten or handwritten
<br /> provisions.
<br /> 44. Orfer. Preparation of this Lease by Lessor or Lessor's agent and submission hereof to
<br /> Lessee shall not be deemed an offer to lease. This Lease shall become binding upon Lessor and
<br /> Lessee only when fully executed by Lessor and Lessee.
<br /> 45. Hazardous [\:laterials. Lessor and Lessee agree as follows with respect to the existence
<br /> or use of HazardoLls Materials (as defined below) at, on, in, under, above, or about the Industrial
<br /> Center:
<br /> 45.1 Any handling, transportation, release, generation, storage, treatment, disposal, or
<br /> use of Hazardous Materials by Lessee or its employees, agents, contractors, or invitees after the
<br /> date hereof at, on, in, under, above, or about the Industrial Center shall strictly comply with all
<br /> applicable Hazardous Material LJ\vs (as defined below). Lessee shall indemnify, defend upon
<br /> demand with counsel reasonably acceptable to Lessor, and hold harmless Lessor from and
<br /> against any liabilities, losses, claims, damages, lost profits, consequential damages, interest,
<br /> penalties, fines, monetary sanctions, attorneys' fees, experts' fees, court costs, remediation costs,
<br /> investigation costs, and other expenses that result from or arise in any marmer whatsoever out of
<br /> the use, storage, treatment, transportation, release, or disposal of Hazardous Materials at, on, in,
<br /> under, above, or about (i) the Industrial Center or (ii) the Premises by Lessee or its employees,
<br /> agents, contractors, invitees or by third parties.
<br /> 45.2 If the presence of Hazardous Materials at, on, in, under, above, or about (i) the
<br /> Industrial Center caused or pennitted by Lessee or its employees, agents, contractors, or invitees
<br /> after the date hereof or (ii) the Premises after the date hereof results in contamination or
<br /> deterioration of water or soil, resulting in a level of contamination greater than the levels
<br /> established as acceptable by any governmental agency having jurisdiction over such
<br /> . contamination, then Lessee shall promptly take any and all action necessary to investigate and
<br /> remediate such contamination if required by law or as a condition to the issuance or continuing
<br /> effectiveness of any governmental approval which relates to the use of the Industrial Center or
<br /> any part thereof. Lessee shall further be solely responsible for, and shaH defend, indemnify, and
<br /> hold harrnless Lessor and its agents from and against, all claims, costs, and liabilities, including
<br /> attorneys' fees and costs, arising out of or in cormection with any investigation and remediation
<br /> required hereunder to return the Industrial Center or any part thereof to its condition existing
<br /> prior to the appearance of such Hazardous Materials.
<br /> 45.3 Lessor and Lessee shall each give written notice to the other as soon as reasonably
<br /> practicable of (i) any communication received from any governmental authority concerning
<br /> Hazardous Materials that relates to the Industrial Center, and (ii) any contamination of the
<br /> Industrial Center by Hazardous Materials that constitutes a violation of any Hazardous Materials
<br /> Law. Lessee may use smaJ( quantities of household chemicals such as adhesives, lubricants, and
<br /> cleaning Ouids in order to conduct its business at the Premises and such other Hazardous
<br /> Materials as are necessary for the operation of lessee's business of which Lessor receives notice
<br /> prior to such Hazardous Materials' being brought onto the Premises and which Lessor consents in
<br /> writing may be brought onto the Premises, provided that all such uses shall be conducted at all
<br /> times in compliance with all Hazardous Materials Laws. At any time during the Lease term,
<br /> Lessee shall, within five (5) days after written request therefor received from Lessor, disclose in
<br /> writing all Hazardous Materials that are being used by Lessee at, on, in, under, above, or about ;'
<br /> the Industrial Center, the nature of such use, and the manner of storage and disposal.
<br /> 45.4 Lessor may cause testing wells to be installed on the Industrial Center, and may
<br /> cause the soil and groundwater to be tested under and about the Industrial Center, and may
<br /> inspect the Premises, to detect the presence of Hazardous Materials by the use of such tests as are
<br /> then customarily used for such purposes, If Lessee so requests, Lessor shall supply Lessee with
<br /> copies of such test results. The cost of such tests and of the installation, maintenance, repair, and
<br /> replacement of such wells shalt be paid by Lessee if such tests disclose the existence of facts that
<br /> may give rise to liability of Lessee pursuant to its indemnity given in paragraph 45.1 and/or 45.2
<br /> above.
<br /> . 45.5 As used herein, the term "Hazardous Material" means any hazardous or toxic
<br /> substance, material, or waste that is or becomes regulated by any local governmental authority,
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