|
<br />22.3 Hazardous Materials Defined. The term "Hazardous 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 regulations and any and all of 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 pollutant" or "solid
<br />waste" in the (a) "CERCLA" or "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., (i) USDOT Table (40 CFR Part 302 and amendments) or the
<br />EPA Table (40 CFR Part 302 and amendments), 0) California Superfund, Cal.
<br />Health & Safety Code Sec. 25300 et seq., (k) Cal. Hazardous Waste Control Act,
<br />Cal. Health & Safety Code Section 25100 et seq., (I) Porter-Cologne Act, Cal.
<br />Water Code Sec. 13000 et seq., (m) Hazardous Waste Disposal Land Use Law,
<br />Cal. Health & Safety Code Sec. 25220 et seq., (n) "Proposition 65,"Cal. Health
<br />and Safety Code Sec. 25249.5 et seq., (0) Hazardous Substances Underground
<br />Storage Tank Law, Cal. Health & Safety Code Sec. 25280 et seq., (p) California
<br />Hazardous Substance Act, Cal. Health & Safety Code Sec. 28740 et seq., (q) Air
<br />Resources Law, Cal. Health & Safety Code Sec. 39000 et seq., (r) Hazardous
<br />Materials Release Response Plans and Inventory, Cal. Health & Safety Code
<br />Sees. 25500-25541, (s) TCPA, Cal. Health and Safety Code Sees. 25208 et seq.,
<br />and (t) regulations promulgated pursuant to said laws or any replacement
<br />thereof, or as similar terms are defined in the federal, state and local laws,
<br />statutes, regulations, orders or rules. Hazardous Materials shall also mean any
<br />and all other substances, materials and wastes which are, or in the future
<br />become regulated under applicable local, state or federal law for the protection of
<br />health or the environment, or which are classified as hazardous or toxic
<br />substances, materials or wastes, pollutants or contaminants, as defined, listed or
<br />regulated by any federal, state or local law, regulation or order or by common law
<br />decision, including, without limitation, (i) trichloroethylene, tetrachloroloethylene,
<br />perchloroethylene and other chlorinated solvents, (ii) any petroleum products or
<br />fractions thereof, (iii) asbestos, (iv) polychlorinated biphenyls, (v) flammable
<br />explosives, (vi) urea formaldehyde, and (vii) radioactive materials and waste.
<br />
<br />22.4 Lessor's Right to Perform Tests. At any time prior to the expiration of the Lease
<br />Term, Lessor shall have the right to enter upon the Premises in order to conduct
<br />tests of water and soil and to deliver to Lessee the results of such tests to
<br />demonstrate that levels of any Hazardous Materials in excess of permissible
<br />levels has occurred as a result of Lessee's use of the Premises. Lessee shall be
<br />solely 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 costs arising out of or in connection with any removal,
<br />remediation, clean up, restoration and materials required hereunder to return the
<br />Premises and any other property of whatever nature to their condition existing
<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 Hazardous Materials in the soil or surface or groundwater in, on,
<br />
<br />ATTY/AGR/2007.067
<br />103107
<br />
<br />13
<br />
|