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Form51.16 (Rev. 10/14)
<br />Page 16 of 35
<br />1.GENERAL
<br />SECTION 3
<br />GENERAL PROVISIONS
<br />In the case of any conflict between these General Provisions and Special Provisions found in
<br />Section 2, the Special Provisions control.
<br />2.DEFINITIONS
<br />For the purposes of this Lease, the following terms shall be defined as stated below:
<br />“Additions” shall be defined as any use or Improvements other than those expressly
<br />authorized in this Lease.
<br />“Alterations” shall be defined as any material change in the size, scope, density, type, nature,
<br />or intensity of Improvements on the Lease Premises from what is authorized in this Lease.
<br />Alterations shall also include any modifications, alterations, or renovations of the land or
<br />waterways on the Lease Premises other than those authorized by this Lease.
<br />“Breach” shall be defined as a party's unjustified or unexcused nonperformance of a
<br />contractual duty the party is required to immediately perform.
<br />“Damages” shall include all liabilities, demands, claims, actions or causes of action whether
<br />regulatory, legislative or judicial in nature; all assessments, levies, losses, fines, penalties,
<br />judgments, damages, costs and expenses, including, without limitation: (i) reasonable
<br />attorneys’, accountants’, investigators’, and experts’ fees and expenses sustained or
<br />incurred in connection with the defense or investigation of any such liability, and (ii) costs
<br />and expenses incurred to bring the Lease Premises into compliance with Environmental Laws,
<br />a court order, or applicable provisions of a Regulatory Agency. The term “Damages” also
<br />includes, expressly, those Damages that arise as a result of strict liability, whether arising under
<br />Environmental Laws or otherwise.
<br />“Default” shall be defined as a material Breach of magnitude sufficient to justify termination of
<br />the Lease.
<br />“Environmental Law” shall be defined as and include all federal, state, and local
<br />environmental, health, and safety laws, statutes, ordinances, regulations, rules, judgments,
<br />orders, and notice requirements, which were in effect as of the date of execution of this
<br />Lease or are subsequently enacted and lawfully applied hereto, which regulate or relate to
<br />(a) the protection or clean-up of the environment; (b) the use, treatment, storage,
<br />transportation, handling or disposal of hazardous, toxic or otherwise dangerous substances,
<br />wastes or materials; (c) the quality of the air and the discharge of airborne wastes, gases,
<br />particles, or other emissions; (d) the preservation or protection of waterways, groundwater, or
<br />drinking water; (e) the health and safety of persons or property; or (f) impose liability with
<br />DocuSign Envelope ID: 8D8CF2E2-DF6D-4A11-B610-2B1544DD7C30
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