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Agreement No.800617
<br /> 18. EnvironmentalImpairment.
<br /> The term "Hazardous Materials" shall mean any substance or material that is designated
<br /> defined or described as a "hazardous materials," "hazardous substances," "hazardous wastes,"
<br /> "toxic substances,"or"toxic waste" in or under any federal, state or local law, rule or regulation,
<br /> whether in effect now or enacted in ths future (collectively "Hazardous Materials"). The term
<br /> "Hazardous Materials Release" shall mean the use, disposal, presence or release of Hazardous
<br /> Materials from, in, on or under the Property, unless such use, disposal, presence or release was
<br /> conducted in compliance with all applicable laws, rules and regulations.
<br /> lf Lessee knows of any Hazardous Materials Release in, on, under or about the Premises
<br /> during the Term, Lessee shaIl immediately give Agency written notice thereof, together with a
<br /> copy of any statement, report, notice, registration, application, permit, business plan, license, .
<br /> claim, action or proceeding given to, or received by Lessee from, any governmental authority or
<br /> private party concerning said I-Iazardous Materials Release.
<br /> Should Lessee cause any Hazardous Materials Release upon or from the Premises during
<br /> the Term, Lessee, at Lessee's expense, shall investigate, remove, remediate and otherwise clean
<br /> all praperty affected thereby to the satisfaction of Agency (insofar as the property owned or
<br /> controlled by Agency is concerned}and of any governmental bady having jurisdiction thereof.
<br /> Lessee shall indemnify, hold harmless, and defend each and aff of the Indemnitees from
<br /> and against all liability, claims, damages, loss, costs and expenses (including, without limitation,
<br /> any fines, penalties,judgments, litigation costs, attorneys' fees, and consulting, engineering and
<br /> construction costs) (collectivefy "Claim"} suffered or incurred by such Indemnitees or any of
<br /> them as a result of Lessee's breach of this Section, or as a result of any Hazardous Materials
<br /> Release caused by Lessee's use of the Premises occurring at any time during the term of this
<br /> Lease.
<br /> The provisions of this Section shall survive the expiration or termination of this Lease.
<br /> 19. Insurance.
<br /> The Lessee is required to procure and maintain at its sole cost and expense the following
<br /> insurance coverages subject to a[t of the requirements set forth below. Such insurance shall
<br /> remain in fuil force and effect throughout the term of the Lease. In the event Lessee procures
<br /> excess or umbrella coverage to maintain certain requirements outlined below,these policies shall
<br /> aiso satisfy all specified endorsements and stipulatians, including provisions that the Lessee's
<br /> insurance be primary without any right of contribution from SamTrans. Prior to commencement
<br /> of the Lease and during the entire term of the Lease, including any extensions or holdover
<br /> periods, Lessee shall provide SamTrans authorized insurance consultant, Insurance Tracking
<br /> Services, Inc. (ITS)with satisfactory evidence of compliance with the insurance requirements of
<br /> this section by submitting such evidence of compliance to the address indicated in (c)below.
<br /> ATTY/AGR/2013.244/SEQUOIA STATION IEASE AGREEMENT
<br /> R�V:12-19-13 VR
<br /> 588A508.1
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