Common use of HAZARDOUS SUBSTANCE CONDITIONS Clause in Contracts

HAZARDOUS SUBSTANCE CONDITIONS. Paragraph 9.7 of the Lease is hereby deleted in its entirety and is replaced with the following: "If a Hazardous Substance Condition occurs which predates Lessee's occupancy of the Premises and which renders the Premises untenantable in whole or in part or results in Lessee being required to vacate the Premises in whole or in part pursuant to an order or requirement of any governmental agency or authority or otherwise materially affects the health of Lessee or its employees and invitees, then the Base Rent, Real Property Taxes, insurance premiums, and other charges, if any, payable by Lessee hereunder for the period during which the Premises (or a portion thereof) remain untenantable or Lessee is required to vacate the Premises (or a portion thereof) shall be abated in proportion to the degree to which Lessee's use of the Premises is impaired and for the period of such impairment. If the period of such impairment shall exceed one hundred eighty (180) days, Lessee shall have the right to terminate this Lease upon written notice to Lessor given within ten (10) days following the passage of such one hundred eighty (180) day period. Lessee's termination of the Lease pursuant to this Paragraph shall be effective as of the date of such notice or as of such later date specified therein."