5.4 Parking. Landlord, through its affiliated entities, shall make eleven and one half (11.5) parking permits per one thousand (1,000) RSF of the Premises, available to Tenant for use by Tenants employees; such parking permits to be charged at market rates, as such rates may be modified from time to time. As an inducement to Tenant to enter into the Lease, Landlord shall provide a monthly rebate to Tenant equal to the amount paid by Tenant for such parking permits in excess of seventy-five ($75.00) per parking permit per month purchased by Tenant for use by Tenants employees, in the form of a credit against Base. Rent. Landlord shall use its best efforts to make parking available at the parking lot located at 589 Ellicott Street, Buffalo New York, 14203 (589 Ellicott Street). In the event there are no spaces available at the parking lot at 589 Ellicott Street, Landlord shall use its best efforts to accommodate parking at additional parking lots at a mutually agreed upon location. Tenant shall work with Landlords affiliate on development and introduction of an alternative transportation program to introduce Tenants employees to commuting options that may offer more cost effective and environmentally conscious alternatives to single mode car share.
|ARTICLE 6. || |
REQUIREMENTS OF LAW: FIRE INSURANCE
6.1 General. At its sole cost and expense, Tenant will promptly comply with all laws, statutes, ordinances, and governmental rules, regulations, or requirements now in force or in force after the Commencement Date, with the requirements of any board of fire underwriters or other similar body, with any direction or occupancy certificate issued pursuant to any law by any public officer or officers, as well as with the is with e provisions of all recorded documents affecting the Premises, insofar as they relate to the condition following the Commencement Date, use, or occupancy of the Premises.
6.2 Hazardous Materials.
(a) For purposes of this Lease, Hazardous Materials means any asbestos, asbestos containing materials, petroleum, petroleum products, explosives, radioactive materials, hazardous wastes, or hazardous substances, including without limitation substances defined as hazardous substances in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. §§ 9601-9657; the Hazardous Materials Transportation Act of 1976, 49 U.S.C. §§ 1801-1812; the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901-6987; or any other federal, state, or local statute, law, ordinance, code, rule, regulation, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning hazardous materials, waste, or substances now or at any time hereafter in effect (collectively, the Hazardous Materials Laws).
(b) Tenant will not cause or permit the storage, use, processing, generation, or disposition of any Hazardous Materials in, on, or about the Premises or the Building by Tenant, its agents, employees, or contractors, except in the normal course of business. Tenant will not permit the Premises to be used or operated in a manner that may cause the Premises or the Building to be contaminated by any Hazardous Materials in violation of any Hazardous Materials Laws. Tenant will immediately advise Landlord in writing of (i) any and all enforcement, cleanup, remedial, removal, or other governmental or regulatory actions instituted, completed, or threatened pursuant to any Hazardous Materials Laws relating, to any Hazardous Materials affecting the Premises or the Building; and (ii) all claims made or threatened by any third party against Tenant, Landlord, or the Premises or the Building relating to damage, contribution, cost recovery, compensation, loss, or injury resulting from any Hazardous Materials in or about the Premises or the Building. Without Landlords prior written consent, Tenant will not take any remedial action or enter into any agreements or settlements in response to the presence of any Hazardous Materials in, on, or about the Premises or the Building.
(c) Tenant will be solely responsible for and will defend, indemnify and hold Landlord, its agents, and employees harmless from and against ,all claims, costs, and liabilities, including reasonable attorneys fees and costs, arising out of or in connection with Tenants breach of its obligations in this Article 6 or any Hazardous Materials introduced to the Premises or the Building by Tenant. Tenant will be solely responsible for and will defend, indemnify, and hold Landlord, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including attorneys fees and costs, arising out of or in connection with the removal, cleanup, and restoration work and materials necessary to return the Premises, the Building and any other property of whatever nature located on the Premises to their condition existing prior to the appearance of Tenants Hazardous Materials in the Premises or in the Building. Tenants obligations under this Article 6 will survive the expiration or other termination of this Lease.