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6.1 B
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<br /> 21. ABANDONMENT
<br /> 21.1 Lessee shall not vacant or abandon #he Leased Premise at any time during the
<br /> term hereof; and if Lessee shall abandon, vacate or surrender the Leased
<br /> Pre�F�ises, �r bG clisNCSSess�� by �roc�ss �f lavr or othzrYVise, it srall bz a
<br /> materiaf default under this Agreement.
<br /> 22. HAZARDOUS MATERIALS
<br /> 22.9 Prior to the Lease Commencement Dafe, Lessee shall have the right #o make
<br /> any tests and/or studies Lessee deems necessary with respect to any hazardous
<br /> materials in, on ar about the Premises; however, permission and supervision of
<br /> the Lesscr is required priar to conducting any tests or studies. If found, Lessee
<br /> shall meet with the Lessor to determine i# such hazardous material poses a
<br /> health and safety issue that may require its removal or remediafion. Lessor shall
<br /> provide Lessee with copies of any hazardous material tests it or any other party
<br /> has conducted on the Premises or Building, in its possession. Lessor shall not
<br /> have any obliga#ion ta remove or remediate hazardous materials and shall retain
<br /> the right to immediatefy terminate this lease if continued use of the Premises by
<br /> Lessee requires such removal or remediation. Lessor shall not �ae responsible for
<br /> any casts incurred by Lessee prior to such termination or as the result af such
<br /> termination.
<br /> 22.2 Assi�nment and Relicensiny. It shaii not be unreasonable for Lessor to withhold
<br /> its consent to an assignmenf or sublease to a proposed assignee or sublessee if
<br /> (i} any anticipated use of the Premises by any proposed assignee or sublessee
<br /> invalves the generation or storage, use, treatment or dispasal or release of
<br /> Hazardous Material in any manner or for any purpQSe, (ii) the proposed assignee
<br /> ar sublessees has been required by any prior fandlord, lender or governrnental
<br /> authority to take remediaf action in connection with Hazardaus Material
<br /> contaminafiing a property, if the contaminatian resufted from such party's action
<br /> ar use af the property in question, or {iii) the proposed assignee or subfessee is
<br /> subject to an enforcement order issued by any governmenfal authority in
<br /> connection with the release, use, disposaf or storage of a Hazardous Materiai.
<br /> 22.3 Hazardous Materials Defined. The term "Hazardaus Material(s)" shall mean any
<br /> toxic or hazardous substance, material or waste or any pollutant or contaminant
<br /> or infectious or radioactive material, including but not limited to, those
<br /> substances, materials or wastes regulated now or in the future under any of the
<br /> following statutes or regufations and any and a(I flf those substances included
<br /> within the definitions of "hazardous substances," "hazardous waste," "hazardous
<br /> chemical substance or mixture," "imminently hazardous chemical substance or
<br /> mixture," " toxic substances," "hazardous air pollutant," "toxic pollutanY' or "solid
<br /> waste" in the (a) "CERCLA" ar "Superfund" as amended by SARA, 42 U.S.C.
<br /> Sec. 9601 et seq., (b) RCRA, 42 U.S.C. Sec. 6901 et seq., (c) CWA., 33 U.S.C.
<br /> Sec. 1251 et seq., (d} CAA, 42 U.S.C. Sec. 78401 et seq., (e� TSCA, 15 U.S.C.
<br /> Sec. 2601 et seq., (f) The Refuse Act of 1899, 33 U.S.C. Sec. 407, (g) OSHA, 29
<br /> U.S.C. Sec. 651 et seq. (h} Hazardous Materials Transportation Act, 49 U.S.C.
<br /> Sec. 1801 et seq., (!) USDOT Table {40 C�R Part 302 and amendments} or the
<br /> EPA Table (40 CFR Part 302 and amendments), (j) Cafifornia Superfund, Cal.
<br /> Health & Safety Code Sec. 25300 et seq., {k) CaL Hazardous Waste ControE Act,
<br /> Caf, Health & 5afety Code Sec#ion 25100 et seq., (I) Parter-Cologne Act, Cal.
<br /> ATTY/AGR/20fl7.067
<br /> 090407 11
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