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<br /> or use of the proper#y in question, or tiii� the proposed assignee or sublessee is
<br /> subject to an enfo�-cement order issued by any governmenta! authority in
<br /> connection with #he refease, use, disposa( or stocage of a Hazardous Material.
<br /> 2'i.3 Hazard�us Materials Defined. The term "Hazardous Material�s}" shal� mean any
<br /> toxic or hazardous substance, material or waste or any pollutant or contaminant
<br /> or infectious or radioactive material, including but not limi#ed to, those
<br /> subsfances, materials or wastes regulated now or in the future under any of the
<br /> following statutes or regulations and any and ail o� those substances included
<br /> wi#hin the definitions of "hazardous substances," "hazardous waste," "hazardous
<br /> chemicaf substance or mixture," "imminently hazardous chemical substance or
<br /> mixture," " toxic substances," uhazardous air po[lutant," "toxic pollutant" or "solid
<br /> wasfie" in the (a} "CERCLA" or "Superfund" as amended by SARA, 42 U.S.C.
<br /> Sec. 9601 et seq., (b} RCt�A, 42 U.S.C. Sec, 69�1 et seq., (c} CWA., 33 t�.S.C.
<br /> See. 1251 et seq., (d} CAA, 42 U.S.C. Sec. 78401 e# 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} C3SHA, 29
<br /> U.S.G. Sec. 651 et seq. (h) Hazardous Materials T�-ansportation Act, 49 U.S.C.
<br /> Sec. �801 et seq., (i} USDOT Table {40 CFR Part 3�2 and amendments) or the
<br /> EPA Table (40 CFR Part 342 and amendmenfis}, �j) California Superfund, Cal.
<br /> Health & Safety Code Sec. 25300 et seq., (k} Cal. Hazardous Waste Controi Act,
<br /> Cal. Health & Safety Code Section 25100 et seq., (f) Porter-Colagne Act, Cal.
<br /> 1lVater Code Sec. 13�00 et seq.> (m} Hazardous Waste Disposal Land Use �aw,
<br /> Cal. Health & Safety Code Sec. 25220 et seq., �n} "Praposition 65,"Cal. Nealth
<br /> and Safety Code Sec. 25249.5 et seq., (o) Hazardous Substances Underground
<br /> Storage Tank L.aw, Cal. Health & Safety Code Sec. 25280 et seg., �p} California
<br /> • Hazardous Substance Act, Cal. Heaith & Safety Code Sec. 2874fl et seq., (q}�1ir
<br /> Resaurces Law, Cal. Healfih & Safe#y Code Sec. 39a�0 et seq., (r} Hazardous
<br /> Materials Refease Response Plans and Invenfiory, CaI. Health & Sa�'e�y Code
<br /> Secs. 25500-25541, (s�TCPA, Ca[. Health and Safety C�de Secs. 25208 et seq.,
<br /> and �t) regulations promulgated pursuant to said laws or any replacement
<br /> thereaf, or as similar terms are defined in the federal, sfiate and local laws,
<br /> statutes, regu�a�ions, orders or ru[es. Hazardous MateriaCs shall also mean any
<br /> and �!C �ther s�!�stanc?s, rnaterials and wa�tes which are, or in thP f�aturP
<br /> become regulated under appiicable locai, sta�e or federal iaw for the protection of
<br /> � health or the environment, or which are class�fied 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 1aw
<br /> decision, including, without limitation, {i} trichloroethy(ene, tetrachloroloethy�ene,
<br /> perchloroethylene and other chlorinated solvents, (ii} any petroleum products or
<br /> frac�ians thereo�, �iii) asbes#os, t�v) polychlorinated b�phenyfs, {v} f�ammab[e
<br /> expiosives, �vi} urea formaldehyde, and �vii} radioa�tive materiafs and was#e.
<br /> 21.4 Lessor's Right to Perform Tests. At any time prior to the expiration of �he Lease
<br /> i erm, �.essor shafl have the right to enter upon tl�e �remis�s in arder fo cor�duct
<br /> fiesfis of water and soil and to defiver #o Lessee the results of such fies#S to
<br /> demonsfrate that leve[s of any Hazardous Ma#erials in excess of permissible
<br /> levels has occurred as a resu�t of Lessee's use of the Premises. Lessee shai! be
<br /> sole[y responsib[e for and shall indemnify, protect, defend and ho{d Lessor
<br /> harmless from and against a!I cfaims, costs and liabi(ities �ncluding actual
<br /> attorneys' fees and costs arising ou� of or in connection with any removaf,
<br /> remediation, clean up, restoration and materials required hereunder to refurn the
<br /> ATTYlAGW20{�9.024 Initiais Page 13
<br /> 06'S B09
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