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expressly granted or conferred by Licensor to Licensee pursuant to this License as such rights
<br />related to access or utilities; (v) its execution and performance of this License will not violate any
<br />laws, ordinances, covenants, or the provisions of any mortgage, lease, license or other agreement
<br />binding on Licensor; (vi) Licensee shall have the quiet enjoyment of the Premises, and Licensee
<br />shall not be disturbed as long as Licensee is not in default beyond any applicable grace or cure
<br />period; and (vii) if the Premises are encumbered by a deed to secure debt, mortgage or other
<br />security interest, Licensor shall make a reasonable, good faith effort to provide promptly to
<br />Licensee a Subordination, Non -Disturbance and Attornment Agreement ("SNDA") on such
<br />lender's or mortgagees then current form. Licensor shall permit Licensee to contact such holder
<br />directly and shall cooperate with Licensee in connection with any such discussions between
<br />Licensee and such holder concerning an SNDA.
<br />15. HAZARDOUS SUBSTANCES.
<br />15.1 For purposes of this License, the term "Hazardous Substances" means: (a) any
<br />substance, products, waste, or other material of any nature whatsoever which is or becomes listed,
<br />regulated, or addressed pursuant to the Comprehensive Environmental Response, Compensation,
<br />and Liability Act (CERCLA), 42 United States Code Section 9601 et seq.; the Resources
<br />Conservation and Recovery Act, 42 United States Code Section 6901 et seq.; the Hazardous
<br />Materials Transportation Conservation and Recovery Act, 42 United States Code Section 1801 et
<br />seq.; the Clean Water Act, 33 United States Code Section 1251 et seq.; the Toxic Substances
<br />Control Act, 15 United States Code Section 2601 et seq.; the California Hazardous Waste Control
<br />Act, Health and Safety Code Section 25100 et seq.; the Hazardous Substance Account Act, Health
<br />and Safety Code Section 25330 et seq.; the California Safe Drinking Water and Toxic Enforcement
<br />Act, Health and Safety Code Section 25249.5 et seq.; California Health and Safety Code Section
<br />25280 et seq. (Underground Storage of Hazardous Substances); the California Hazardous Waste
<br />Management Act, Health and Safety Code Section 25170.1 et seq.; California Health and Safety
<br />Code Section 25501 et seq. (Hazardous Materials Release Response Plans and Inventory); or the
<br />California Porter -Cologne Water Quality Control Act, Water Code Section 13000 et seq., all as
<br />amended (the above cited California state statutes are hereinafter collectively referred to as the
<br />"State Toxic Substances Law"); or any other federal, state, or local statute, law, ordinance,
<br />resolution, code, rule, regulation, order or decree regulating, relating to, or imposing liability or
<br />standards of conduct concerning any Hazardous Substance, now or at any time hereinafter in
<br />effect; (b) any substance, product, waste or other material of any nature whatsoever which may
<br />give rise to liability under any of the above statutes or under any statutory or common law theory
<br />based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported
<br />decisions of a state or federal court; (c) petroleum or crude oil, other than petroleum and petroleum
<br />products which are contained within regularly operated motor vehicles; and (d) asbestos.
<br />15.2 Licensor makes no warranty or representation whatsoever concerning the Premises,
<br />including without limitation, the condition, fitness or utility for any purpose thereof, of any
<br />improvements thereto with applicable laws, ordinances or governmental regulations. Licensee's
<br />right to use Premises is strictly on an "as is" basis with all faults. Licensor hereby disclaims all
<br />warranties whatsoever, express or implied, the condition of the soil (or water), geology, and any
<br />warranty of merchantability or habitability or fitness for a particular purpose. Licensor hereby
<br />acknowledges and agrees that Licensee shall not be liable or responsible for any Hazardous
<br />Substances on, under or about the Premises or Property existing prior to Licensee's initial
<br />OW D Page 18 of 35
<br />ATTY/AGR/2017 039/SPRINT LEASE AGREEMENT
<br />REV: 05-12-17 JS
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