to and does indemnify and hold Lessor harmless against all damage, loss or liability arising from Lessees possession, storage, and distribution of chemicals, whether or not caused by Lessee, except for damage, loss or liability arising from the willful or negligent acts of Lessor.
As used in this Lease, Hazardous substances means any hazardous, etiological, toxic or radioactive substance, material, matter or waste that is or becomes during the Term regulated by any applicable federal, state or local law, ordinance, order, rule, regulation, code or any governmental restriction or requirement, and shall include but not be limited to asbestos, petroleum products, polychlorinated biphenyls, and the terms Hazardous Substance and Hazardous Waste as defined in the Comprehensive Environmental Response, Compensation and Liability Act, as amended from time to time, 42 U.S.C. §9601, et seq. and the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §6901, et seq. Lessee shall apply for and remain in compliance with any and all applicable federal, state or local permits required regarding Hazardous Substances. Lessee shall, within ten (10) days of receipt, provide to Lessor a copy of any notice, order, inspection report or other document issued by any governmental or regulatory entity finding or alleging that Lessee is not in compliance with any federal, state or local law regulating a Hazardous Substance or Hazardous Waste. Upon termination of the Lease, Lessee shall remove all Hazardous Substances, and all other chemicals, from the Premises.
Should Lessee breach any of its duties and obligations as set forth in this Section, or if the presence of Hazardous Substances and/or chemicals should cause contamination of the Premises, any other property, atmosphere, water or waterway (including groundwater), Lessee shall indemnity, and hold Lessor harmless, from any and all claims, demands, damages, expenses, fees, costs, fines, penalties, suits, and losses of any and every kind and nature, including without limitation, diminution in value of the Premises, damages for loss of use or restriction of use of the Premises, and costs of investigation, remediation and cleanup.
Section 5.02. Compliance with Laws. The Premises shall not be used or permitted by Lessee to be used in violation of any law or ordinance. Lessee shall maintain the Premises in a clean and sanitary manner and shall comply with all laws, ordinances, rules, and regulations related to Lessees specific use of the Premises, now in effect or subsequently enacted or promulgated by any public or governmental authority or agency having jurisdiction over the Premises.
Section 6.01. Insurance.
(a) Liability. At all times during the Term of the Lease Lessee shall maintain a comprehensive general liability and/or umbrella insurance policy in an amount of not less than Five Million Dollars ($5,000,000) through a company authorized to transact business in the State of California, which shall name Lessor as additional insured thereunder.