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6.1 B
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<br /> Water Code Sec. 13000 et seq., (m) Hazardous Waste Disposal Land Use Law,
<br /> Cal. Health & Safety Code Sec. 2522p et seq., (n) "Propositian 65,"Cal. Health
<br /> and Safety Cade Sec. 25249.5 et seq., (o) Hazardous Substances Undergraund
<br /> S.�ray^� Tan� Lavr, Cal. Hea�th & Safety C��e �ec. 25280 e� se�., {p) �alif�rn;a
<br /> Hazardous Substance Act, Cal. Health & Safety Code Sec. 28740 et seq., {q)Air
<br /> Resources Law, Cal. Heaith & Safety Code Sec. 39000 et seq., (r) Hazardous
<br /> Materia(s Release Response Plans and Inventory, Cat. Heaith & Safety Code
<br /> Secs. 25504-25541, (s) TCPA, Cal. Health and Safety Code Secs. 25208 et seq.,
<br /> and {t) regulations promuEgated pursuant to said laws or any replacement
<br /> thereof, or as similar terms are defined in fhe federal, state and local faws,
<br /> statutes, regulations, orders or rules. Hazardous Materials shall also mean any
<br /> and all other substances, materiafs and �nrasfes which are, or in the future
<br /> become regulated under ap�licable local, stafe or federaf faw for the protecfion of
<br /> heafth or the environment, ar which are classified as hazardous or toxic
<br /> substances, materials or wastes, pollutants or contaminants, as defined, listed or
<br /> regufated by any federal, state or local law, regulation or order or by common law
<br /> decision, including, without fim[tatian, (i) trichloroethylene, tetrachloroloethylene,
<br /> perchloroethylene and other chlorinated salvents, (ii) any petroleum products or
<br /> fractions thereof, (iii) asbestos, (iv) polychlorinated biphenyls, (v) flammable
<br /> explosives, (vi) urea tormaidehyde, and (vii} radioactive materials and waste.
<br /> 22.4 Lessor's Riqht to Perform Tests. At any time prior to #he expiratian of #he Lease
<br /> Term, Lessor sha11 have the right t� enter upon the Premises in order to conduct
<br /> tests of water and soil and to deliver to Lessee the resul�s of such tests to
<br /> demonstrate that levels of any Hazardous Materials in excess of permissible
<br /> levefs has occurred as a resulf of Lessee's use of#he Premises. Lessee shall be
<br /> sofely responsible for and shall indemnify, protect, defend and hold Lessor
<br /> harmless from and against all claims, costs and liabilities including actual
<br /> attorneys' fees and casts arising out af or in connection with any removal,
<br /> remediation; clean up, resforation and maferiats required hereunder to return the
<br /> Prerriises and any other properiy of whatever nature to #heir condifion exisfing
<br /> prior to the appearance of the Hazardous Materials. The testing shall be at
<br /> Lessee's expense if Lessor has a reasonable basis for suspecting and confirms
<br /> the presence of Hazardaus Materials in the so'rl or surtace or groundwater in, on,
<br /> under, or about the Premises, which has been caused by or resulted from the
<br /> activities of Lessee, its agents, employees, contractors or invitees.
<br /> 22.5 Hazardous Materials Indemnitv. Lessee shail indemnify, defend (by counsel
<br /> reasonably acceptable to Lessor), protect and hold Lessor harmless from and
<br /> against any and al! ciaims, liabilities, penalties, forfeifures, losses and/or
<br /> expenses, including, without limitation, diminution in value of the Premises or
<br /> Project, damages for the loss or restriction on use of the rentable or usable
<br /> space or of any amenity of the Premises or Project, damages arising from any
<br /> adverse impact or marketing af the Premises or Project and sums paid in
<br /> settfement of cfaims, response costs, cleanup costs, site assessment costs,
<br /> attorneys' fees, consultant and expert fees, judgments, administrative rulings or
<br /> orders, fines, costs o#death of or injury to any person or damage to any property
<br /> whatsoever (including, withaut limitation, groundwater, sewer systems and
<br /> atmosphere), arising fram, or caused or resulting, either prior to or during the
<br /> Lease Term, in whale or in part, directly or indirectiy, by the presence or
<br /> discharge in, on, under or about the Premises by Lessee, Lessee's agents,
<br /> ATTYlAGR/2007.Ofi7
<br /> 090407 72
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