|
~ ~
<br />performed on the Premises by Waste Management, together with reasonable attorneys' fees and all
<br />reasonable costs and expenses incurred by City in defending such claims.
<br />5.7 Notice of Completion. Upon completion of any substantial work of improvement during the term, Waste
<br />Management shall file, or cause to be filed, a notice of completion. Waste Management hereby appoints City
<br />at City's sole cost and expense as Waste Management's attorney-in-fact to file the notice of completion on
<br />Waste Management's failure to do so after the work of improvement has been substantially completed.
<br />5.8 Notice of Changes in Plans. On completion of any work of improvement, Waste Management shall give
<br />City "as built" drawings accurately describing the improvements constructed at the Premises.
<br />6. MAINTENANCE, REPAIRS, ALTERATIONS, RECONSTRUCTION
<br />6.1 Waste Management's Duty to Maintain Premises. Except as expressly provided to the contrary in this
<br />Lease, City shall not be required to make any expenditure, incur any obligation, or incur any liability of any kind
<br />whatsoever with respect to the ownership, construction, maintenance, operation, repair, alteration or
<br />reconstruction of the Premises.
<br />6.1.1 Waste Management's Duty to Comply with Laws. Throughout the term of this Lease, Waste
<br />Management shall, at Waste Management's sole cost and expense, maintain the Premises in
<br />good condition and repair, and in accordance with all applicable laws, rules, ordinances,
<br />orders and regulations of the following: (a) federal, state, county, municipal and other
<br />governmental agencies and bodies having or claiming jurisdiction and all their respective
<br />departments, bureaus, and officials; (b) the insurance underwriting board or insurance
<br />inspection bureau having or claiming jurisdiction; and (c) all insurance companies insuring all
<br />or any part of the Premises or improvements or both.
<br />6.1.2 Hazardous Materials.
<br />(a) Waste Management shall not cause or permit any Hazardous Materials (as hereinafter
<br />defined) to be brought upon, kept or used in or about the Premises by Waste Management, its
<br />agents, employees, contractors or invitees, except as may be necessary for the construction,
<br />maintenance, or operation of the Premises, and then only in full compliance with local, state,
<br />and federal laws regulating the use, handling, storage and disposal of hazardous materials.
<br />(b) If Waste Management breaches the obligations stated in subparagraph (a) of this Section,
<br />or if Hazardous Materials are otherwise discharged or released on, under or about the
<br />Premises after the Commencement Date, then except in the case of City's negligence or
<br />willful misconduct, Waste Management shall indemnify, defend (with counsel approved by
<br />City) and hold City harmless from and against any and all claims, judgments, damages,
<br />penalties, fines, costs liabilities and losses (including, without limitation, diminution in value of
<br />the Premises, and sums paid in settlement of claims, attorneys' fees, consultant fees and
<br />expert fees) which arise as a result of such discharge or release. This indemnification of City
<br />by Waste Management includes, without limitation, costs incurred in connection with any
<br />investigation of site conditions or any cleanup, remedial, removal or restoration work required
<br />622009-1
<br />
|