Njdep Lease Agreement

H. Compensation by owners. The landlord frees the tenant, defends with a lawyer satisfactory to the tenant and keeps the tenant free of all claims, liabilities, losses, damages, penalties and costs, including, but not limited, appropriate advice, engineering and other technical and expert costs that may be incurred by the tenant, resulting in: (1) unloading pollution on the premises or land to which the premises belong, as a result of the actions or omissions of a lessor; (2) a breach by the lessor of the lessor`s obligations under this paragraph; or (3) a violation by the lessor of any guarantee or guarantee in this lease. f. The owner`s right to fulfill the tenant`s obligations. Notwithstanding the contrary outlined in this tenancy agreement, in the event that the tenant is bound by this tenancy agreement: Make an assessment, a review, sampling or remediation in relation to the premises, the lessor has the right, at the discretion of the lessor, to carry out from time to time, during such sampling, evaluation or remediation activities, such sampling, evaluation, examination or remediation activities at the tenant`s expense, and all amounts borne by the landlord are paid by the tenant at an additional rent at the tenant`s request. B. As-Is. The tenant accepts the tanks “as seen” and the lessor is in no way responsible or bound by oral or written statements or assurances regarding the tanks or their operation, condition, character or quality, or if the tanks comply with tank laws. Landlord, its shareholders, its executives, directors, partners, members, employees, agents, successors and beneficiaries of the assignment of any claims, debts, losses, damages and costs, and undertakes not to pursue any of its precedents regarding tanks and tanker unloading. Lease Package-Revised July 2013 Page 5 of 10NJDEP Carrier: Section II – LEASE1 CERTIFICATION. I confirm that I am the ____________________of _____________________________________and I am the title name of the licensee or self-generator carrier who has the right to do this certification/affidavit on behalf of the licensee or self-generating carrier that I have personal knowledge of the facts below.

N.J.A.C. 7:26-3.2 (i) 7[i]1 and N.J.A.C. 7:26G- 7.2 (a)12.2. The rental agreement I have, the taker, in the context of the Registration Of Equipment – in Section III and, if applicable, additional annexes, contains the actual terms of the lease and has a bonafiden commercial purpose and is not submitted for the purpose of preventing the discovery of information that would be disqualifiable for a reason mentioned in N.J.S.A. 13:1E-133.