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Materials as enforced by, but not limited to, the City of Redwood City, the Bay Area Air Quality Management District,
<br />San Mateo County Health Department, the San Mateo Valley Water District, California Regional Water Quality
<br />Control Board, California Environmental Protection Agency, Department of Toxic Substances Control and all state
<br />and Federal offices enforcing regulations concerning occupational safety and health. It shall be the sole obligation of
<br />District to obtain any permits and approvals required pursuant to the Environmental Laws.
<br />12.2 Definitions. The following definitions shall apply in construing the provisions of this Section 12
<br />(a) "Hazardous Material" means any hazardous, explosive or toxic substance, material or waste that is or
<br />becomes regulated by any local governmental authority, the State of California or the United States Government. The
<br />tern "Hazardous Material" includes, without limitation, any material or substance which is (i) defined as a "hazardous
<br />waste," "extremely hazardous waste" or "restricted hazardous waste" under Sections 25115, 25117 or 25122.7, or is
<br />listed pursuant to Section 25140, of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste
<br />Control Law); (ii) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code,
<br />Division 20, Chapter 6.8 (Carpenter Presley Tanner Hazardous Substance Account Act); (iii) defined as "hazardous
<br />material," "hazardous substance," or "hazardous waste" under Section 25501 of the California Health and Safety
<br />Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (iv) defined as a
<br />"hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7
<br />(Underground Storage of Hazardous Substances); (v) petroleum; (vi) asbestos; (vii) listed under Section 9 or defined
<br />as hazardous or extremely hazardous pursuant to Section 11 of Title 22 of the California Administrative Code,
<br />Division 4.5, Chapter 30; (viii) designated as a "hazardous substance" pursuant to Section 311 of the Federal Water
<br />Pollution Control Act (33 U.S.C., § 1317); (ix) defined as a "hazardous waste" pursuant to Section 1004 of the Federal
<br />Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et sem., or (x) defined as a "hazardous substance" pursuant
<br />to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 41 U.S.C. § 9601 et
<br />seq.
<br />(b) "Environmental Law" means any present or future federal, state or Iocal law, whether common law,
<br />statute, rule, regulation or ordinance, judgment, order, or other governmental restriction, guideline, listing or
<br />requirement, relating to the environment or any Hazardous Material, including the Comprehensive Environmental
<br />Response, Compensation, and Liability Act of 1980, 42 U.S.C. §9601 et seq., the Resource Conservation and
<br />Recovery Act of 1976, 42 U.S.C. §6901 et seq., and applicable provisions of the California Health and Safety Code
<br />and the California Water Code, all as heretofore or hereafter may be amended from time to time.
<br />12.3 Citv's Consent Reauired. District shall not be entitled to use or store any Hazardous Materials on, in or
<br />about the Premises without obtaining prior written consent of the City Manager or his/her designee. If City Manager
<br />or his/her designee consents to any other usage or storage, then District shall be permitted to use and/or store only
<br />those Hazardous Materials that are necessary to District's business to the extent disclosed in the then applicable
<br />Hazardous Materials Disclosure Certificate, as amended and if applicable, and then only to the extent expressly
<br />approved by City Manager or his/her designee in writing. District's usage and storage shall be in compliance with
<br />Environmental Laws. District agrees that any changes to the type and/or quantities of Hazardous Materials specified
<br />in the most recent Hazardous Materials Certificate may be implemented only with the prior written consent of City
<br />Manager or his/her designee, which consent may be given or withheld in City's sole discretion and which may be
<br />unreasonably withheld. District shall not be entitled nor permitted to install any tanks under, on or about the Premises
<br />for the storage of Hazardous Materials without the prior written consent of City Manager or his/her designee, which
<br />may be given or withheld in City's sole discretion and which may be unreasonably withheld. City shall have the right
<br />at any time during the Term (i) to inspect the Premises; (ii) to conduct tests and investigations to determine whether
<br />District is in compliance with the provisions of this Section; and (iii) to request lists of all Hazardous Materials used,
<br />stored or otherwise located on, under or about the Premises. If City requests a list of District's Hazardous Materials,
<br />District shall provide a complete list within fifteen days. The costs of such inspections, tests and investigations shall
<br />be home solely by District, if City reasonably believes they are necessary. The rights granted to City herein shall not
<br />ATTY/AGR/2017.041/GROUND LEASE — SANDPIPER
<br />REV: 03-01-17 Js
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