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6.1 G
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<br /> ATTACtiMENT 2
<br /> 22.1 Prior #o the Lease Commencement �ate, Lessee shall have #he right to make
<br /> any tests and/or studies Lessee deems necessary with respect ta any hazardous
<br /> materials in, on or about the Premises; however, permission anc! supervision of
<br /> the Lessor is required prior to canducting any tests or studies. If found, Lessee
<br /> shali meet with the Lessor to determine if such hazardous material poses a
<br /> health and safety issue that may require its removal or remediation. Lessor sha{k
<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 possessian. Lessor shal! nat
<br /> have any obligation to remove or remecfia#e hazardous materials and shall retain
<br /> the right to immediately terminate this fease if continued use of the Premises by
<br /> Lessee requires such removai ar remediation. Lessor shall not be responsible for
<br /> any costs incurred by Lessee prior to such termina#ion or as the result ofi such
<br /> termination.
<br /> 22.2 Assiqnment and Relicensinq, !t shall not be unreasonable for Lessor to withhold
<br /> its cansent to an assignment or sublease to a proposed assignee or sublessee if
<br /> (i) any anticipated use of the Premises by any proposed assignee or subfessee
<br /> invoives the genera#icm or storage, use, #reatment or disposa! or release of
<br /> Hazardous Material in any manner or for any purpase, (ii)the proposed assignee
<br /> or sublessees has been required by any prior landlord, lender or governmental
<br /> authority to take remedial action in connection with Hazardous Material
<br /> contamina#ing a property, if the contamination resulted from such party's action
<br /> ar use of the property in question, or (iii} the proposed assignee or sublessee is
<br /> subject to an enforcement order issued by any governmental authority in
<br /> connection with the release, use, disposal or storage of a Hazardous Materiat.
<br /> 22.3 Hazardo�s Materials Defined. Ti�e term "Hazardous Materiaf(s}" shall mean any
<br /> toxic or hazardous substance, material or waste or any pollutant ar c�ntaminant
<br /> or infectiaus or radioactive material, including but npt limited to, those
<br /> subs#ances, materials or was#es regulated now or in the future under any of the
<br /> fiollowing statutes or regulations and any and all of those substances induded
<br /> within the d�finitions of"hazardous substances," "hazardous waste," "hazardous
<br /> chemical substance or mixture," "imminently hazardous chemical substance or
<br /> mixture," " toxic substances," "hazardous air pollutarrt," "toxic pallutant" or °solid
<br /> waste" in the (a) "CERCLA„ or "SuperfundA 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 �.S.C.
<br /> Sec. 2601 et seq., (t�The Refuse Act af 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 Tabte (40 CFR Part 302 and amendmen#s) or the
<br /> EPA Table (40 CFR Part 302 and amendments), (j) California Superfund, Cal.
<br /> Health & Safety Code Sec. 253Q0 et seq., (k) Cai. Hazardous Waste Control Act,
<br /> Cal. Health & Safe#y Code Section 25100 et seq., (1) Porter-Cologne Act, Cal.
<br /> Water Code Ssc. 13004 e# seq., (m) Hazardous Waste Disposal Land Use Law,
<br /> Cal. Health 8 Safety Code Sec. 25220 et seq., (n} "Proposition 65,"Cal. Health
<br /> and Safety Code Sec. 25249.5 et seq., (o) Hazardous Substances Underground
<br /> Storage Tank Law, Cal. Health & Safety Code Sec. 2528Q et seq., (p) Califomia
<br /> Hazardous Substance Act, Cal. Heal#h & Safety Code Sec. 28740 e#seq., (q)Air
<br /> Resources Law, Cal. Health & Safety Code Sec. 39000 et seq., (r}'Hazardous
<br /> Materials Release Response Plans and Inventary, Ca{. Health & Safety Code
<br /> Secs. 25500-255�t1, (s}TCPA, Cal. Heafth and Safety Code Secs. 25208 et seq.,
<br /> Atty/Agd2008A33 11
<br /> 050508
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