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In no event shall Landlord be liable to Tenant for any business interruption, loss of income, or diminution
<br /> in use or value of any unexpired term of this Lease Agreement due to destruction of the Leased Premises,
<br /> part or all of the building containing the Leased Premises, or destruction of the Common Areas due to fire
<br /> or any other casualty.
<br /> Article 14,Hazardous Waste
<br /> 14.1 Definition
<br /> The following terms as used in this Article 14 shall have the meanings set forth below:
<br /> C) Hazardous Substances shall mean any hazardous or toxic substances, materials, or wastes
<br /> including, but not limited to, any flammable explosives, radioactive materials, friable asbestos,
<br /> PCBs, elect�-ic transformers, batteries, paints, solvents, chemicals, petroleum products, or other
<br /> man-made materials with hazardous, carcinogenic or toxic characteristics and such other solid,
<br /> semi-solid, liquid or gaseous substances which are toxic, ignitable, corrosive, carcinogenic or
<br /> otherwise dangerous to human, plant, or animal health or well-being, and those substances,
<br /> materials, and wastes listed in the United States Department of Transportation Table (49 CFR
<br /> 972.101) or by the EPA as hazazdous substances (40 CFR Part 302 and amendments thereto) or
<br /> such substances, materials, and wastes which are or become regulated under any applicable
<br /> local, state, or federal law including without limita.tion any material, waste or substances that
<br /> are (a) petroleum, (b) asbestos, (c) polychlorinated biphenyls, or (d) designated as hazardous
<br /> substances, hazardous waste, hazardous materials, toxic substances, contaminants, or other
<br /> pollutant under any applicable Environtnental Laws.
<br /> D) Environmental Laws shall mean any applicable present or future federal, state, or local laws,
<br /> ordinances, rules or regulations pertaining to hazardous substances, industrial hygiene or
<br /> environmental conditions including,but not limited to,the following statutes and regulations as
<br /> amended from time to time: (i) the Federal Clean Air Act, 42 U.S.C. Sec. 7401 et seq., (ii) the
<br /> Federal Clean Water Act, 33 U.S.C. Sec. 1151 et seq., (iii) the Resource Conservation and
<br /> Recovery Act, 42 U.S.C. Sec. 6901 et seq., (iv) the Comprehensive Environmental Response,
<br /> Compensation and Liability Act of 1980, 42 U.S.C. Sec. 9601 et seq., as amended by the
<br /> Superfund Amendments and Reauthorization Act of 1986 (SARA), Pub.L.No.99-499, 99 Stat.
<br /> 1613, (v) the Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1802, (vi) the National
<br /> Environmental Policy Act, 42 U.S.C. Sec. 1857 et seq., (vii) the Toxic Substance Control Act
<br /> of 1976, 15 U.S.C. Sec. 2601 et seq., (vui) the Regulations of the EPA, 33 CFR and 40 CFR,
<br /> and (ix) Chapters 373, 376, 380, and 403, Florida Statutes, and Rules relating thereto,
<br /> including Chapters 17, 27,and 40 of the Florida Administrative Code.
<br /> E) Claims shall mean, individually and collectively, any clai.ms, actions, administrative
<br /> proceedings, judgments, damages, punitive damages, penalties, fines, costs, liabilities, sums
<br /> paid in settlement, interest, losses or expenses (including legal costs and attorney's fees
<br /> incurred in enforcing tlus Agreement, collecting any sums due hereunder, settlement
<br /> negotiations, at trial or on appeal), consultant fees or expert fees, together with all other costs
<br /> or expenses of any kind or nature that arise directly or indirectly from or in connection with tlie
<br /> e�stence or suspected existence of a Hazardous Condition, whether occurring or suspected to
<br /> have occurred before, on or after the effective date of this Lease Agreement or caused by any
<br /> person or entity.
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