|
<br />ATTACHMENT 1
<br />
<br />16. HAZARDOUS MATERIALS
<br />16.1 Prior to the License Commencement Date, Licensee shall have the right to make
<br />any tests and/or studies Licensee deems necessary with respect to any
<br />hazardous materials in, on or about the Premises; however, permission and
<br />supervision of the Licensor is required prior to conducting any tests or studies. If
<br />found, Licensee shall meet with the Licensor to determine if such hazardous
<br />material poses a health and safety issue that may require its removal or
<br />remediation. Licensor shall provide Licensee with copies of any hazardous
<br />material tests it or any other party has conducted on the Premises or Building, in
<br />its possession. Licensor shall not have any obligation to remove or remediate
<br />hazardous materials and shall retain the right to immediately terminate this
<br />license if continued use of the Premises by Licensee requires such removal or
<br />remediation. Licensor shall not be responsible for any costs incurred by Licensee
<br />prior to such termination or as the result of such termination.
<br />
<br />16.2 Withholdina Assianment. It shall not be unreasonable for Licensor to withhold its
<br />consent to an assignment or sublicense to a proposed assignee or sublicensee
<br />if (i) any anticipated use of the Premises by any proposed assignee or
<br />sublicensee involves the generation or storage, use, treatment or disposal or
<br />release of Hazardous Material in any manner or for any purpose, (ii) the
<br />proposed assignee or sublicenses has been required by any prior landlord,
<br />lender or governmental authority to take remedial action in connection with
<br />Hazardous Material contaminating a property, if the contamination resulted from
<br />such party's action or use of the property in question, or (iii) the proposed
<br />assignee or sublicensee is subject to an enforcement order issued by any
<br />governmental authority in connection with the release, use, disposal or storage of
<br />a Hazardous Material.
<br />
<br />16.3 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) CM, 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), U) 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 />
<br />Atty/Agr/2009.049 10
<br />071108
<br />
|