d. The term Microbial Matter means fungi or bacterial matter which reproduces through the release of spores or the splitting of cells, including, but not limited to, mold, mildew, and viruses, whether or not such Microbial Matter is living.
e. The term Release with respect to any Hazardous Substance includes but is not limited to any release, deposit, discharge, emission, leaking, leaching, spilling, seeping, migrating, injecting, pumping, pouring, emptying, escaping, dumping, disposing or other movement of Hazardous Substances.
f. The term Remediation includes but is not limited to any response, remedial, removal, or corrective action; any activity to clean up, detoxify, decontaminate, contain or otherwise remediate any Hazardous Substance; any actions to prevent, cure or mitigate any Release of any Hazardous Substance; any action to comply with any Environmental Laws or with any permits issued pursuant thereto; and any inspection, investigation, study, monitoring, assessment, audit, sampling and testing, laboratory or other analysis, or evaluation relating to any Hazardous Substances or to anything referred to herein.
g. The term Material Adverse Effect shall mean a material adverse effect on (i) the Leased Premises, (ii) the business, profits, prospects, management, operations or condition (financial or otherwise) of Landlord, Landlords members or partners or the Leased Premises, (iii) the enforceability, validity, perfection or priority of the lien of Lenders mortgage or Lenders other loan documents, or (iv) the ability of Landlord or Landlords member or partners to perform its obligations under the Lenders mortgage or the other loan documents.
Section 2. Use Restrictions. Tenant shall not use the Leased Premises for the production, sale or storage of any Hazardous Substances and shall not use any Hazardous Substances on the Leased Premises, and shall not permit any Hazardous Substance to be disposed of from, in or on the Leased Premises, unless said Hazardous Substances are of the type normally produced, sold, stored, used or disposed of in connection with the business expressly hereby permitted to be carried on by Tenant in the Leased Premises, and are produced, sold, stored, used and disposed of in accordance in all material respects with all Environmental Laws. Subject to the foregoing, Tenant shall not permit any Hazardous Substances to be Released from, in or on the Leased Premises. Tenant shall obtain and maintain all licenses and permits, and shall maintain all material safety data sheets, with respect to such Hazardous Substances, which are required by any Environmental Regulation. Subject to Article 14, Landlord shall have the right to enter the Leased Premises to inspect the same for compliance with the provisions of this Article.
Section 3. Indemnification. Tenant shall indemnify Landlord and its members and partners and shall hold Landlord and its members and partners harmless from and against any and all Losses actually incurred by Landlord and/or its members and partners (but excluding those Losses to the extent caused by Landlord, its members, partners, employees or agents) arising from or related (a) any presence of any Hazardous Substances in, on, above, or under the Leased