Agmt10 Steve Penna and Regina Van Brunt dba Some Stuff on the Square

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. . if Lessee's improvement interest herein shall be levied upon under execution, or seized by virtue of any writ of any court of law, or a trustee in bankruptcy, or if a receiver be appointed for the property of Lessee, whether under operation of the State or the Federal statutes, then Lessor may terminate this Agreement and immediately take possession of said Premises upon written notice. Such taking of possession shall not terminate the continuing obligations of Lessee, including payment of rent and any other applicable charges. 22. HAZARDOUS MATERIALS 22.1 Prior to the Lease Commencement Date, Lessee shall have the right to make any tests and/or studies Lessee deems necessary with respect to any hazardous materials in, on or about the Premises; however, permission and supervision of the Lessor is required prior to conducting any tests or studies. If found, Lessee shall meet with the Lessor to determine if such hazardous material poses a health and safety issue that may require its removal or remediation. Lessor shall provide Lessee with copies of any hazardous material tests it or any other party has conducted on the Premises or Building, in its possession. Lessor shall not have any obligation to remove or remediate hazardous materials and shall retain the right to immediately terminate this Lease if continued use of the Premises by Lessee requires such removal or remediation. Lessor shall not be responsible for any costs incurred by Lessee prior to such termination or as the result of such termination. 22.2 Assiqnment and Relicensinq. It shall not be unreasonable for Lessor to withhold its consent to an assignment or subLease to a proposed assignee or subLessee if (i) any anticipated use of the Premises by any proposed assignee or subLessee involves the generation or storage, use, treatment or disposal or reLease of Hazardous Material in any manner or for any purpose, (ii) the proposed assignee or subLessees has been required by any prior landlord, lender or governmental authority to take remedial action in connection with Hazardous Material contaminating a property, if the contamination resulted from such party's action or use of the property in question, or (iii) the proposed assignee or subLessee is subject to an enforcement order issued by any governmental authority in connection with the reLease, use, disposal or storage of a Hazardous Material. 22.3 Hazardous Materials Defined. The term "Hazardous Material(s)" shall mean any toxic or hazardous substance, material or waste or any pollutant or contaminant or infectious or radioactive material, including but not limited to, those substances, materials or wastes regulated now or in the future under any of the following statutes or regulations and any and all of those substances included within the definitions of "hazardous substarlces," "hazardous waste," "hazardous chemical substance or mixture," "imminently hazardous chemical substance or mixture," " toxic substances," "hazardous air pollutant," "toxic pollutant" or "solid waste" in the (a) "CERCLA" or "Superfund" as amended by SARA, 42 U.S.C. Sec. 9601 et seq., (b) RCRA, 42 U.S.C. Sec. 6901 et seq., (c) CWA., 33 U.S.C. Sec. 1251 et seq., (d) CAA, 42 U.S.C. Sec. 78401 et seq., (e) TSCA, 15 U.S.C. Sec. 2601 et seq., (f) The Refuse Act of 1899, 33 U.S.C. Sec. 407, (g) OSHA, 29 U.S.C. Sec. 651 et seq. (h) Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801 et seq., (i) USDOT Table (40 CFR Part 302 and amendments) or the EPA Table (40 CFR Part 302 and amendments), U) California Superfund, Cal. ATTY/AGR/2010.012 022610 ~lnitialS 11