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6.1 G
<br /> Page 15
<br /> ATTACHMENT 2
<br /> and (#) regufa#ions promulgated pursuant to said faws or any replacemen#
<br /> thereo#, or as similar terms are defined in the #ederai, state and local Eaws,
<br /> statutes, regulations, orders or rules. Hazardous Materials shall also mean any
<br /> and all other substances, ma#erials and wastes which are, or in the future
<br /> become regula#ed under applicable local, state ar federal law for the protectian of
<br /> health or the environment, or which are class�ed as hazardaus ar toxic
<br /> substances, materials or wastes, po0utants or contaminants, as de�ined, listed or
<br /> regula#ed by any federal, state or local law, regulation or order or by common law
<br /> decision, including, without limitation, (i) trichloraethytene, tefrachloroloethylene,
<br /> perchloroethyiene and ather chlorinated solvents, {ii) any petroleum praducts ar
<br /> fractions thereof, (iii) asbestos, {iv) polychlorinated biphenyls, {v) flammable
<br /> expiasives, {vi) urea formaldehyde, and {vii) radioactive materiafs and waste.
<br /> 22.4 LesSOr's Right to Perfarm Tests. At any time prior to the expiration of the Lease
<br /> Term, Lessor shalf have the right to enter upon the Premises in order to canduct
<br /> tests of water and soil and ta deliver to Lessee the results of such tests to
<br /> demonstrate that levels of any Hazardous Maferials in excess af permissible
<br /> levels has accurred as a resuit of Lessee's use of the Premises. Lesses shall be
<br /> solely responsibie for and shai! indemnify, protect, defend and hold Lessor
<br /> harmless fram and against all claims, costs and liabititiss including actua)
<br /> attorneys' fees and costs arising aut of ar in cannection with any removal,
<br /> remediation, clean up, restoration and materials required hereunder to retum the
<br /> Premises and any other property of whatever nature to their candition existing
<br /> prior to the appearance of the Hazardous Materiats. The festing shail 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 nr groundwater in, on,
<br /> under, or abaut the Premises, which has been caused by ar resulted from #he
<br /> activities of Lessee, its agents, employees, contrac#ors or invitees.
<br /> 22.� Hazardous Materiais Indemnitv. Lessee shali indemnify, defend (by counsel
<br /> reasonably acceptabfe to Lessor), protect and hold Lessor harrnfess from and
<br /> against any and atl ciaims, liabilities, penaities, forfeitures, iosses andlor
<br /> expenses, including, without limitation, diminution in �atue of the Premises or
<br /> Project, damages �or the Ioss or restrictic�n on use of the rentable or usabte
<br /> space or of any ameniiy of the Premises or Project, damages arising from any
<br /> adverse impact or marketing of the Premises or Project and sums paid in
<br /> settlement af claims, response costs, cleanup cos#s, site assessment cos#s,
<br /> attorneys' fees, eonsultant and expert fees, judgments, administrative rulings or
<br /> orders,fines, costs of death of or injury ta any person or damage to any property
<br /> whatsoever {including, withouf limitation, groundwater, sewer sys#ems and
<br /> atmosphere}, arising f�om, or caused or resulting, either prior to or during the
<br /> �ease Term, in whole or in part, d'+rectly or indirectly, by the presence or
<br /> discharge in, on, under or about the Premises by Lessee, �essee's agents,
<br /> employees, licensees or invitees or at Lessee's direction, of Hazardous Material,
<br /> ar by Lessee's faifure to compty with any Hazardous Materials Law, whether
<br /> knowingly or by stric� liability, l.essee's indemnification obligations shall include,
<br /> without limitation, and whether foreseeab(e or unforeseeable, all casts of any
<br /> required or necessary Hazardous Materials management plan, investigation,
<br /> repairs, cleanup, or detoxification or decontamination of the Premises or Project,
<br /> and the presence and implementation of any closure, remedial action or other
<br /> required ptans, and shall survive the expiration af or early t�rmination of the
<br /> Atty/Agd2008.033 �Z
<br /> 050508
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