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6.3.B. - Page 34 <br />Attachment 3 <br />19.12 qty Each individual executing this Lease on behalf of Lessee and <br />Lessor represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf <br />of said party. <br />19.13 Can im The captions used herein are for convenience only and are not a <br />part of this Lease and do not in any way amplify the terms or provisions hereof <br />covenants that. (a) Lessor has legal right to possession of the Leased Premises and the power and the right <br />to enter into this Lease (b) subject to the rights set forth in this Lease and to the power of eminent domain, <br />Lessor shall maintain the Emerald Lake Hills Water Tank Property in a manner which will not interfere <br />with Lessee's use of the Leased Premises as contemplated hereby. <br />21, HAZARDOUS SUBSTANCES Lessee agrees that it will not use, generate, store <br />or dispose of any Hazardous Material (defined herein) on, under, about or within the Emerald Lake Hills <br />Water Tank Property in violation of any law or regulation. Lessor represents warrants and agrees (1) that <br />neither Lessor nor, to Lessor's knowledge, any third party has used, generated, stored or disposed of, or <br />permitted the use, generation, storage or disposal of, any Hazardous Material on, under, about or within <br />the Emerald Lake Hills Water Tank Property in violation of any law or regulation, and (2) that Lessor will <br />not, and will not permit any third party to, use generate, store or dispose of any Hazardous Material on, <br />under, about or within the Emerald Lake Hills Water Tank Property in violation of any law or regulation. <br />Lessor and Lessee each agree to defend, indemnify and hold harmless the other and the others partners, <br />affiliates, agents and employee§ against any and all losses, liabilities, claims and/or costs (including <br />reasonable attorney's fees and costs) arising from any breach of any representation, warranty or agreement <br />contained in this Section. As used in this Section, "Hazardous Material" shall mean petroleum or any <br />petroleum product, asbestos, any substance known by the state of California to cause cancer and/or <br />reproductive toxicity, and/or any substance, chemical or waste that is identified as hazardous, toxic or <br />dangerous in any applicable federal, state or local law or regulation. <br />19. <br />