of any feasibility studies or reports, and the performance of any cleanup, remediation, removal, or restoration work. Tenant will maintain and/or restore the Premises or any portion of the Building and the surrounding land in accordance with applicable Environmental Laws to the extent required due to Tenant’s Handling of Hazardous Materials. “Environmentai Laws” means all Laws regulating, relating to, or imposing liability or standards of conduct concerning public health and safety or the environment. ‘‘Hazardous Materials” means: (a) any material or substance: (i) that is defined or becomes defined as a “hazardous substance,” “hazardous waste,” “infectious waste,” “chemical mixture or substance,” or “air pollutant” under Environmental Laws; (ii) containing petroleum, crude oil, or any fraction of them; (iii) containing polychlorinated biphenyls (PCB’s); (iv) that constitutes asbestos or asbestos-containing material; (v) that is radioactive; (vi) that is infectious; or (b) any other material or substance displaying toxic, reactive, ignitable, or corrosive characteristics, as all such terms are used in their broadest sense. “Handle” (and corresponding terms “Handled” and “Handling”) means any installation, handling, generation, storage, treatment, use, disposal, discharge, release, manufacture, refinement, presence, migration, emission, abatement, removal, transportation, or any other activity of any type in connection with or involving Hazardous Materials.
Landlord hereby represents to Tenant that Landlord, to its knowledge, is delivering possession of the Expansion Premises to Tenant free of Hazardous Materials and in compliance with all Environmental Laws. Tenant currently occupies the Original Premises, so Landlord makes no representations as to the Original Premises. If any Hazardous Material is found, or is otherwise released, discharged, disposed of, or permitted to spill or leak on or about the Building and is not caused by Tenant or Tenant’s Parties, Landlord shall ensure, at no cost to Tenant, that such release, discharge, disposal, spill or leak is removed from the Premises, in accordance with the Environmental Laws. Subject to the terms and provisions of Section 28.19 of this Lease, Landlord shall indemnify, defend and hold Tenant and Tenant Parties harmless from Environmental Damages ( defined in Section 5 .5 below) relating to environmental conditions affecting the Premises, which damages are not in any way the result of, or related to, the acts, omissions or negligence of Tenant or Tenant’s Parties.
Tenant shall promptly notify Landlord of the use of any chemical in the Premises that has an NFPA 704M rating of 4 in either the health, fire or reactivity category.
5.4 Taxes. Tenant will pay directly to the taxing authority any tax on leasehold interests on property owned by the State of Maryland (the “State”) pursuant to Maryland Annotated Code, Tax-Property Article Section 6-102(e), as amended, to the extent the same is assessed against Landlord and is directly attributable to Tenant’s occupancy in the Premises, as well as any and all taxes, impositions or similar fees or charges imposed or assessed or with respect to any of Tenant’s fixtures, equipment, or other personal property located in or about the Premises, but Tenant shall have no obligation to pay any other such tax, imposition, or similar fee or charge with respect to this Lease. Not later than ninety (90) days after the Rent Commencement Date, Tenant shall provide Landlord with reasonably satisfactory evidence that it is complying with the tax requirements herein.
5.5 Waiver of Liability; Indemnification. Tenant waives all claims and causes of action against Landlord, its partners, property managers, advisors, mortgagees, and ground landlords and each of their respective officers, managers, directors, employees, contractors, agents, successors and assigns (collectively, “Landlord Parties”) for any damage to persons or property in any way relating to Tenant’s use and occupancy of the Premises, or the condition of the Premises or Building, or land beneath all or any part of any of them, except to the extent such claim arises out of Landlord’s or Landlord Parties’ gross negligence or willful misconduct. Tenant will indemnify, defend, protect and hold harmless Landlord and
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