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<br />Health & Safety Code Secs. 25500-25541, (s) TCPA, Cal. Health and Safety Code Secs. 25208 et seq.,
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<br />and (t) regulations promulgated pursuant to said laws or any replacement thereof, or as similar terms are
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<br />defined in the federal, state and local laws, statutes, regulations, orders or rules. Hazardous Materials
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<br />shall also mean any and all other substances, materials and wastes which are, or in the future become
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<br />regulated under applicable local, state or federal law for the protection of health or the environment, or
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<br />which are classified as hazardous or toxic substances, materials or wastes, pollutants or contaminants, as
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<br />defined, listed or regulated by any federal, state or local law, regulation or order or by common law
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<br />decision, including, without limitation, (i) trichloroethylene, tetrachloroloethylene, perchloroethylene and
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<br />other chlorinated solvents, (ii) any petroleum products or fractions thereof, (iii) asbestos,
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<br />(iv) polychlorinated biphenyls, (v) flammable explosives, (vi) urea formaldehyde, and (vii) radioactive
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<br />materials and waste.
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<br />14.6 Licensor's RiQht to Perform Tests. At any time prior to the expiration of the
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<br />License Term, Licensor shall have the right to enter upon the Premises in order to conduct tests of water
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<br />and soil and to deliver to Licensee the results of such tests to demonstrate that levels of any Hazardous
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<br />Materials in excess of permissible levels has occurred as a result of Licensee's use of the Premises.
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<br />Licensee shall be solely responsible for and shall indemnify, protect, defend and hold Licensor harmless
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<br />from and against all claims, costs and liabilities including actual attorneys' fees and costs arising out of or
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<br />in connection with any removal, remediation, clean up, restoration and materials required hereunder to
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<br />return the Premises and any other property of whatever nature to their condition existing prior to the
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<br />appearance of the Hazardous Materials. The testing shall be at Licensee's expense if Licensor has a
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<br />reasonable basis for suspecting and confirms the presence of Hazardous Materials in the soil or surface
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<br />or groundwater in, on, under, or about the Premises, which has been caused by or resulted from the
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<br />activities of Licensee, its agents, employees, contractors or invitees.
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<br />14.7 Hazardous Materials Indemnitv. Licensee shall indemnify, defend (by counsel
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<br />reasonably acceptable to Licensor), protect and hold Licensor harmless from and against any and all
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<br />claims, liabilities, penalties, forfeitures, losses and/or expenses, including, without limitation, diminution in
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<br />value of the Premises or Project, damages for the loss or restriction on use of the usable space or of any
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<br />A TTY / AGR/2007 .002
<br />012407
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