Landlords consent for any change in the nature of the business to be conducted in the Leased Premises from that permitted pursuant to the Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all losses (including, without limitation, diminution in value of the Premises or the Property), claims, demands, actions, suits, damages (excluding punitive damages from the indemnification to the extent that such damages result from acts or omissions of Landlord), expenses (including, without limitation, remediation, removal, repair, corrective action, or clean up expenses), and costs (including, without limitation, actual attorneys fees, consultant fees or expert fees) which are brought or are recoverable against, or suffered or incurred by Landlord as a result of any Release of Hazardous Materials or any breach of the requirements under this Section 12 by Tenant, its agents, employees, contractors, subtenants, assignees or invitees, regardless of whether Tenant had knowledge of such non-compliance. The within covenants shall survive the expiration or earlier termination of the Lease term.
(f) The Leased Premises are not presently subject to ISRA, and to the best of Landlords knowledge have never been subject to ISRA.
(g) Notwithstanding anything in this Lease to the contrary, the liability of the Tenant, and any indemnities provided by the Tenant hereunder, shall not extend to Hazardous Materials that were placed on the Leased Premises, in the Building, or on the Office Park by Landlord, or by any of Landlords Agents. In addition, Landlord shall not include in Additional Rent or Common Area Expenses, or pass on to Tenant directly or indirectly, the cost incurred by Landlord in monitoring, reporting, testing, abating and/or removing Hazardous Materials that were contained in the Leased Premises, in the Building and/or on the Office Park prior to the date hereof. As of the date hereof, to the knowledge of Landlord, no Hazardous Material is present the Office Park or the soil, surface water or groundwater thereof, and under no circumstance shall Tenant be liable for, and Landlord shall indemnify, defend, protect and hold harmless Tenant, its agents, contractors, stockholders, directors, successors, representatives, and assigns from and against, all losses, costs, claims, liabilities and damages (including attorneys and consultants fees) arising out of any Hazardous Material present prior to Tenants occupancy on or about the Office Park or the soil, air, improvements, groundwater or surface water thereof, except to the extent due to the Release of Hazardous Material by Tenant or Tenants Agents in violation of applicable Environmental Laws.
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INSPECTION BY LANDLORD
Tenant agrees that Landlord shall have the right to enter into the Leased Premises at all reasonable hours for the purpose of examining the same upon reasonable advance notice of not less than 1 business day (except in the event of emergency), or to make such repairs as are necessary, to exhibit the Leased Premises to mortgagees or prospective mortgagees or purchasers, and during the last 12 months of the Term, to prospective tenants. Tenant agrees that, if Tenant and any subtenant have ceased business operations in the Leased Premises, Landlord shall have the right to enter into the Leased Premises at all hours for any reason without notice, including the showing of the space to other prospective tenants. Any entry or repair shall not unduly interfere with Tenants use of the Leased Premises and shall comply with Tenants reasonable security measures. If Tenant or any subtenant vacates the Leased Premises, Tenant shall immediately give Landlord a copy of all keys and swipe cards and Landlord shall have the right to enter the Leased Premises at any time.