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<br />22.1 Prior to the Lease Commencement Date, Lessee shall have the right to make
<br />any tests and/or studies Lessee deems necessary with respect to any hazardous
<br />materials in, on or about the Premises; however, permission and supervision of
<br />the Lessor Is required prior to conducting any tests or studies. If found, Lessee
<br />shall 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 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 obligation to remove or remediate hazardous materials and shall retain
<br />the right to Immediately terminate this lease if continued use of the Premises by
<br />Lessee requires such removal or remediation. Lessor shall not be responsible for
<br />any costs incurred by Lessee prior to such termination or as the result of such
<br />termination.
<br />
<br />22.2 Assianment and Relicenslna. It shall not be unreasonable for Lessor to withhold
<br />its consent 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 sublessee
<br />involves the generation or storage, use, treatment or disposal or release of
<br />Hazardous Material in any manner or for any purpose, (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 />contaminating a property, if the contamination resulted from such party's action
<br />or 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 Material.
<br />
<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," "lmminenUy hazardous chemical substance or
<br />mixture," " toxic substances," "hazardous air pollutant," "toxic pollutanr or "soHd
<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), m 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 />Secs. 25500-25541, (s) TCPA, Cal. Health and Safety Code Secs. 25208 et seq.,
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<br />Atty/Agrl2008.033 11
<br />050508
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