|
in effect the insurance required by this Lease. The Parties shall file a new or amended certificate
<br />promptly after any change is made in any insurance policy which would alter the information on
<br />the certificate then on file.:
<br />6.2 Mutual Hold Harmless/Indemnification. Unless otherwise provided herein, to
<br />the fullest extent permitted by law, each Party shall defend, indemnify, and hold harmless the other
<br />Party, its officials, officers, employees, agents and volunteers (the "Indemnified Parties") from
<br />any and all losses, liabilities, claims, suites, damages, expenses, costs, recourses, and actions of
<br />any kind, nature, and description, including but not limited to attorneys' fees and costs, directly or
<br />indirectly arising out of, connection with, or resulting from the performance of this Lease or from
<br />any activity, work, or thing clone, permitted, or suffered by the other Party, its agents, contractors,
<br />officers, officials, agents or volunteers in conduction with the performance of this Lease, unless
<br />the claim arises out of the sole negligence or willful misconduct of the Indemnified Parties; and in
<br />case any action or proceeding be brought against said Party, the other Party, upon written notice
<br />from the other, shall defend the same at its expense by counsel approved in writing by the
<br />Indemnified Party. This indemnity provision survives the Lease.
<br />SECTION 7.
<br />HAZARDOUS MATERIALS
<br />7.1 Definition of Hazardous Materials. As used herein, the term "Hazardous
<br />Materials" means any hazardous or toxic substance, material, or waste which is or becomes
<br />regulated by any local governmental authority, the State of California, or the United States
<br />Government, and includes, without limitation, petroleum products, asbestos, PCB's, and any
<br />material or substance which is (i) defined as hazardous or extremely hazardous pursuant to Title
<br />22 of the California Code of Regulations, Division 4.5, Chapter 11, Article 4, Sections 66261.30
<br />et seq.; (ii) defined as a "hazardous waste" pursuant to Section 6903 of the Federal Resource
<br />Conservation and Recovery Act (42 U.S.C., § 6901 et seq.), or (iii) defined as a "hazardous
<br />substance" pursuant to Section 101 of the Comprehensive Environmental Response,
<br />Compensation and Liability Act (42 U.S.C., § 9601 et seq.). As used herein, the term "Hazardous
<br />Materials Law" shall mean any statute, law, ordinance, or regulation of any governmental body
<br />or agency (including the U.S. Environmental Protection Agency, the California Regional Water
<br />Quality Control Board, the California Department of Health Services, and the California
<br />Department of Toxic Substances Control), which regulates the use, storage, release, or disposal of
<br />any Hazardous Material.
<br />7.2 Storage of Hazardous Materials. Neither Owner nor City shall cause or permit
<br />any Hazardous Materials to be generated, brought onto, used, stored, or disposed of in or about the
<br />Teen Center by Owner or City, their agents, employees, contractors, subtenants, or invitees, except
<br />for limited quantities of standard office, classroom, gardening, and janitorial supplies (which shall
<br />be used and stored in strict compliance with the applicable Hazardous Materials Laws) utilized on
<br />the respective properties. Both Parties shall comply with all Hazardous Materials Laws.
<br />7.3 Notice of Hazardous Materials. Owner and City shall each give written notice to
<br />the other as soon as reasonably practicable of (i) any communication received from any
<br />governmental authority concerning Hazardous Materials which relates to the Property, and (ii) any
<br />ATTY/AGR/2025.085 - 901 EL CAMINO REAL DA
<br />REV: 08-01-25 VR
<br />Exhibit H
<br />
|