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<br /> "Hazardous Material" shall mean (a) any substance, product, waste or other material of
<br /> 'any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to the
<br /> Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section
<br /> 9601, et. seq. ("CERCLA"); the Hazardous Materials Transportation Act, 49 U.S.C. Section
<br /> 1801, et. seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et. seq.
<br /> ("RCRA"); the Toxic Substances Control Act, 15 U.S.C. Section 2601 et. seq.; the Clean Water
<br /> Act, 33 U.S.C. Section 1251, et. seq.; the California Hazardous Waste Control Act, Health and
<br /> Safety Code Section 25100, et. seq.; the California Hazardous Substance Account Act, Health
<br /> and Safety Code Section 25330, et. seq.; the California Safe Drinking Water and Toxic
<br /> Enforcement Act, Health and Safety Code Section 25249.5, et. seq.; California Health and Safety
<br /> Code Section 25280, et. seq. (Underground Storage of Hazardous Substances); the California
<br /> Hazardous Waste Management Act, Health and Safety Code Section 25170.1, et. seq.; California
<br />'.; Health and Safety Code Section 25501, et. seq. (Hazardous Materials Response Plans and
<br /> Inventory); or the California Porter-Cologne Water Quality Control Act, Water Code Sectiol\
<br /> 13000, et. seq., all as amended, 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, toxic or dangerous waste, substance or material,
<br /> as now or at any time hereafter in effect; (b) any substance, product, waste or öther material of
<br /> any nature whatsoever which may give rise to liability under any of the above statutes or under
<br /> any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or
<br /> strict liability or under any reported decisions of a state or federal court; (c) petroleum or crude
<br /> oil, other than petroleum and petroleum· products contained within regularly operated motor
<br /> vehicles; (d) asbestos; (e) subsurface gas; (f) urea formaldehyde foam insulation; (g) poly-
<br /> chlorinated biphenyls ("PCBs"); and (h) freon and other chlorofluorocarbons.
<br /> "Initial Term" shall mean the initial Term of the Lease, consisting of the first twenty
<br /> (20) Lease Years.
<br /> "Interest Rate" shall mean the lesser of (i) prime lending rate charged from time to time
<br /> by Bank of America or any successor thereto plus two percent (2%) per annum, or (ii) the
<br /> maximum rate of interest allowed by Applicable Law.
<br /> "Landlord Affiliate" shall mean an entity that controls, is controlled by, or is under
<br /> common control with Landlord; for purposes of this definition, control shall mean the direct or
<br /> indirect ownership of more that fifty percent (50%) of the beneficial interest in the entity in
<br /> question.
<br /> "Landlord's Work" shall have the meaning given such term in Exhibit D hereto and
<br /> shall include (without limitation) the construction of the Building and the rest of the Center.
<br /> Landlord's Work shall also include the responsibility to pay for (x) all so-called "development,"
<br /> "impact" and other fees and charges, however designated (including traffic, parking and similar
<br /> fees), that are attributable to the entitlements for the development of the Center (including the
<br /> Premises) or the performance of Landlord's Work as contemplated hereunder, including any
<br /> "development," "impact" or other fees and charges payable as a condition to obtaining the
<br /> .'
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<br /> CHG02:3091375.v8
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