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6.1.F. - Page 45
<br />SECTION 3
<br />GENERAL PROVISIONS
<br />L GENERAL
<br />In the case of any conflict between these General Provisions and Special Provisions found in Section 2, the Special
<br />Provisions control.
<br />2. DEFINITIONS
<br />For the purposes of this Lease, the following terms shall be defined as stated below:
<br />"Additions" shall be defined as any use or Improvements other than those expressly authorized in this Lease.
<br />"Alterations" shall be defined as any material change in the size, scope, density, type, nature, or intensity of
<br />Improvements on the Lease Premises from what is authorized in this Lease. Alterations shall also include any
<br />modifications, alterations, or renovations of the land or waterways on the Lease Premises other than those authorized
<br />by this Lease.
<br />"Breach" shall be defined as a party's unjustified or unexcused nonperformance of a contractual duty the party is
<br />required to immediately perform.
<br />"Damages" shall include all liabilities, demands, claims, actions or causes of action whether regulatory, legislative or
<br />judicial in nature; all assessments, levies, losses, fines, penalties, damages, costs and expenses, including, without
<br />limitation: (i) reasonable attorneys', accountants', investigators', and experts' fees and expenses sustained or incurred
<br />in connection with the defense or investigation of any such liability, and (ii) costs and expenses incurred to bring the
<br />Lease Premises into compliance with Environmental Laws, a court order, or applicable provisions of a Regulatory
<br />Agency. The term "Damages" also includes, expressly, those Damages that arise as a result of strict liability, whether
<br />arising under Environmental Laws or otherwise.
<br />"Default" shall be defined as a material Breach of magnitude sufficient to justify termination of the Lease.
<br />"Environmental Law" shall be defined as and include all federal, state, and local environmental, health, and safety
<br />laws, statutes, ordinances, regulations, rules, judgments, orders, and notice requirements, which were in effect as of
<br />the date of execution of this Lease or are subsequently enacted and lawfully applied hereto, which regulate or relate
<br />to (a) the protection or clean-up of the environment; (b) the use, treatment, storage, transportation, handling or disposal
<br />of hazardous, toxic or otherwise dangerous substances, wastes or materials; (c) the quality of the air and the discharge
<br />of airborne wastes, gases, particles, or other emissions; (d) the preservation or protection of waterways, groundwater,
<br />or drinking water; (e) the health and safety of persons or property; or (f) impose liability with respect to any of the
<br />foregoing, including without limitation, the California Environmental Quality Act (CEQA) [PRC §§ 21000 et seq.];
<br />the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) [42 USCS §§ 9601
<br />et seq.]; the Resource Conservation and Recovery Act of 1976 (RCRA) [42 USCS §§ 6901 et seq.]; the Clean Water
<br />Act, also known as the Federal Water Pollution Control Act (FWPCA) [33 USCS §§ 1251 et seq.]; the Toxic
<br />Substances Control Act (TSCA) [15 USCS §§ 2601 et seq.]; the Hazardous Materials Transportation Act (HMTA)
<br />[49 USCS §§ 1801 et seq.]; the Insecticide, Fungicide, Rodenticide Act [7 USCS §§ 136 et seq.]; the Superfand
<br />Amendments and Reauthorization Act [42 USCS §§ 6901 et seq.]; the Clean Air Act [42 USCS §§ 7401 et seq.]; the
<br />Safe Drinking Water Act [42 USCS §§ 300f et seq.]; the Solid Waste Disposal Act [42 USCS §§ 6901 et seq.]; the
<br />Surface Mining Control and Reclamation Act [30 USCS §§ 1201 et seq.]; the Emergency Planning and Community
<br />Right to Know Act [42 USCS §§ 11001 et seq.]; the Occupational Safety and Health Act [29 USCS §§ 655 and 657];
<br />the California Underground Storage of Hazardous Substances Act [H & S C §§ 25280 et seq.]; the California
<br />Hazardous Substances Account Act [H & S C §§ 25300 et seq.]; the California Hazardous Waste Control Act [H & S
<br />C §§ 25100 et seq.]; the California Safe Drinking Water and Toxic Enforcement Act [H & S C §§ 24249.5 et seq.];
<br />the Porter -Cologne Water Quality Act [Water C §§ 13000 et seq.] together with any amendments of or regulations
<br />promulgated under the statutes cited above.
<br />"Hazardous Material" shall be defined as and include any substance which falls within the definition of hazardous
<br />Form51.16 (Rev. 10/14)
<br />ATTY/AGR/2018.121/REDWOOD CITY LEASE AGREEMENT— EXHIBIT G - MAPLE STREET
<br />REV: 06-07-18 VR
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