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C <br />~] <br />6.2 Compliance with Requirements of Insurers. Tenant and Landlord will observe and comply <br />with the requirements of all policies of public liability, fire and other policies of insurance at any time in <br />force with respect to the Premises as to each of the respective covenants of use, occupancy, repair and <br />maintenance. <br />6.3 Right to Contest R~ulations on Use. Tenant shall have the right to contest by appropriate <br />legal proceedings without cost or expense to Landlord the validity of any law, ordinance, order, rule, <br />regulation or requirement compliance with which may legally be held in abeyance without incurring any <br />lien, charge or liability of any kind against the Premises or Landlord's interest therein. Tenant may postpone <br />compliance therewith until the final determination of any such proceedings. <br />6.4 Definitions. For purposes of this Section 6.4, the following terms shall have the <br />corresponding meanings ascribed to them: <br />6.4.1 Hazardous Materials. The term "Hazardous Materials" shall mean any (a) oil, <br />flammable substances, explosives, radioactive materials, hazardous wastes or substances, toxic <br />wastes or substances or any other wastes, materials or pollutants which (i) pose a hazard to the <br />Premises, to persons on or about the Premises or the environment or (ii) cause the Building to be in <br />violation of any Hazardous Materials Laws; (b) asbestos in any form, urea formaldehyde foam <br />insulation, transformers or other equipment that contain dielectric fluid containing levels of <br />polychlorinated biphenyl's, or radon gas; (c) chemical, material or substance defined as or included <br />in the definition of "hazardous substances", "hazardous wastes", "hazardous materials", "extremely <br />hazardous waste", "restricted hazardous waste", or "toxic substances" or words of similar import <br />under any applicable local, state or federal law or under the regulations adopted or publications <br />promulgated pursuant thereto; and (d) other chemical, material or substance, exposure to which is <br />prohibited, limited or regulated by any governmental authority. <br />" <br />" <br />shall mean <br />Hazardous Materials Claims <br />6.4.2 Hazardous Materials Claims. The term <br />any enforcement, cleanup, removal, remedial or other governmental or regulatory actions, <br />agreements or orders instituted pursuant to any Hazardous Materials Laws; and any claims, <br />judgments, damages, penalties, fines, costs, liabilities or losses, including sums paid in settlement of <br />claims, attorneys' fees, consultants' fees and experts' fees incurred or suffered by Landlord resulting <br />from the presence, release or discharge of any Hazardous Materials. <br />6.4.3 Hazardous Materials Laws. The term "Hazardous Materials Laws" shall mean any <br />federal, state or local laws, ordinances, regulations or policies relating to the environment, health <br />and safety, and Hazardous Materials or to industrial hygiene or the environmental conditions on, <br />under or about the Building, including, without limitation, soil, groundwater and indoor and <br />ambient air conditions. <br />6.5 Tenant Compliance With Hazardous Materials Laws; Tenant Indemnity. <br />6.5.1 Comkliance. With respect to its use of the Premises, Tenant shall comply with all <br />Hazardous Materials Laws. Tenant shall promptly cure and satisfy all Hazardous Materials Claims <br />arising out of or by reason of the activities of Tenant. <br /> <br />f <br />F-6 <br />Attachment number 1 <br />Page 185 of 286 , <br />