Common use of Condition and Maintenance of Premises Clause in Contracts

Condition and Maintenance of Premises. Tenant accepts the Premises in their "as is" condition. Landlord shall be responsible performing routine maintenance and repair to keep the premises in a well maintained safe, clean and sightly condition. Tenant agrees to reimburse Landlord for Twenty-five percent (25%) of the actual cost of maintenance and repair for the benefit of the entire spur track and One Hundred Percent (100%) of the actual costs of maintenance and repair for the sole benefit of the Tenant or the Premises. Tenant shall not use, store, generate, treat or dispose of any hazardous substance on the Premises without the prior written consent of the Landlord. Such consent shall not be unreasonably withheld. 8.01. In the event that any hazardous substance is discovered to have been released upon or from the Premises during the term of this Lease and such release is due to any act or omission of Tenant, Landlord shall, at its sole discretion, take all steps necessary to remove and properly dispose of such hazardous substance and clean-up or repair any contamination or damage resulting therefrom, in full compliance with all applicable laws and regulations. The actual costs of such removal, disposal, clean-up or repair shall be for the account of Tenant and Tenant shall reimburse Landlord for these costs within thirty days after demand is made by the Landlord. Tenant agrees to defend, indemnify and hold Landlord harmless from and against any liabilities, including judgments, court costs, and reasonable attorney fees claimed or asserted against or sustained by Landlord resulting from Tenant's failure to fully comply with the provisions of this Section.