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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 /> 16.2 Withholding Assignment. 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 /> 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) 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), (j) 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., (o) 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 Relicense Response Plans and Inventory, Cal. Health & Safety Code
<br /> Secs. 25500 - 25541, (s) TCPA, Cal. Health and Safety Code Secs. 25208 et seq.,
<br /> and (t) regulations promulgated pursuant to said laws or any replacement
<br /> thereof, or as similar terms are defined in the federal, state and local laws,
<br /> statutes, regulations, orders or rules. Hazardous Materials shall also mean any
<br /> and all other substances, materials and wastes which are, or in the future
<br /> become regulated under applicable local, state or federal law for the protection of
<br /> health or the environment, or which are classified as hazardous or toxic
<br /> Atty /Agr /2011. 048 LIBRARY CAFE LICENSE 10
<br /> 051311
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