AGENCIES HAVING JURISDICTION OVER THE REAL
PROPERTY; (II) USE ITS BEST EFFORTS TO COOPERATE IN AND COMPLY WITH PROGRAMS
WHICH MAY BE UNDERTAKEN BY LANDLORD INDEPENDENTLY, OR IN COOPERATION WITH LOCAL
MUNICIPALITIES OR GOVERNMENTAL AGENCIES OR OTHER PROPERTY OWNERS OF PROPERTY
WITHIN AND/OR IN THE VICINITY OF LNR WARNER CENTER, TO REDUCE PEAK LEVELS OF
COMMUTER TRAFFIC; SUCH
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PROGRAMS MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, CARPOOLS, VANPOOLS AND OTHER
RIDE SHARING PROGRAMS, PUBLIC AND PRIVATE TRANSIT, AND FLEXIBLE WORK HOURS;
(III) TO THE EXTENT ANY SUCH TRAFFIC MITIGATION PROGRAMS ARE DEEMED MANDATORY BY
SUCH LOCAL MUNICIPALITIES OR GOVERNMENT AGENCIES, TO COMPLY WITH SUCH PROGRAMS
(INCLUDING ANY PROGRAMS IMPLEMENTED BY LANDLORD OR ANY COMMON AREA ASSOCIATION
UNDER ANY COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED AGAINST THE REAL
PROPERTY; AND (IV) IN CONNECTION WITH TENANT'S OBLIGATIONS UNDER CLAUSES
(II) AND (III) HEREINABOVE, TENANT AGREES TO APPOINT ONE OF ITS EMPLOYEES TO ACT
AS A LIAISON TO THE TRANSPORTATION COORDINATORS IN ANY BUILDINGS IN THE REAL
PROPERTY OCCUPIED OR LEASED BY TENANT.
5.2
HAZARDOUS MATERIALS.
5.2.1
DEFINITIONS OF HAZARDOUS MATERIALS AND ENVIRONMENTAL LAWS.
AS USED
IN THIS LEASE, THE TERM "HAZARDOUS MATERIALS" SHALL MEAN AND INCLUDE ANY
SUBSTANCE THAT IS OR CONTAINS PETROLEUM, ASBESTOS, POLYCHLORINATED BIPHENYLS,
LEAD, OR ANY OTHER SUBSTANCE, MATERIAL OR WASTE WHICH IS NOW OR IS HEREAFTER
CLASSIFIED OR CONSIDERED TO BE HAZARDOUS OR TOXIC UNDER ANY FEDERAL, STATE OR
LOCAL LAW, RULE, REGULATION OR ORDINANCE RELATING TO POLLUTION OR THE PROTECTION
OR REGULATION OF HUMAN HEALTH, NATURAL RESOURCES OR THE ENVIRONMENT
(COLLECTIVELY, "ENVIRONMENTAL LAWS").
5.2.2
TENANT'S COVENANTS.
TENANT SHALL NOT USE OR ALLOW ANOTHER PERSON
OR ENTITY TO USE ANY PART OF THE PREMISES FOR THE STORAGE, USE, TREATMENT,
MANUFACTURE OR SALE OF HAZARDOUS MATERIAL.
LANDLORD ACKNOWLEDGES, HOWEVER, THAT
TENANT WILL MAINTAIN PRODUCTS IN THE PREMISES WHICH ARE INCIDENTAL TO THE
OPERATION OF ITS GENERAL OFFICE USE, INCLUDING, WITHOUT LIMITATION, PHOTOCOPY
SUPPLIES, SECRETARIAL SUPPLIES AND LIMITED JANITORIAL SUPPLIES, WHICH PRODUCTS
CONTAIN CHEMICALS WHICH ARE CATEGORIZED AS HAZARDOUS MATERIALS.
LANDLORD AGREES
THAT THE USE OF SUCH PRODUCTS IN THE PREMISES IN THE MANNER IN WHICH SUCH
PRODUCTS ARE DESIGNED TO BE USED AND IN COMPLIANCE WITH ENVIRONMENTAL LAWS SHALL
NOT BE A VIOLATION BY TENANT OF THIS ARTICLE 5.
5.2.3
PRE-EXISTING HAZARDOUS MATERIALS.
TENANT SHALL HAVE NO OBLIGATION
TO INVESTIGATE OR REMEDIATE ANY HAZARDOUS MATERIALS LOCATED IN OR AS PART OF THE
BASE, SHELL AND CORE AS OF THE LEASE COMMENCEMENT DATE OR IN ANY AREAS OF THE
PROJECT LOCATED OUTSIDE THE PREMISES THAT WERE NOT PLACED THEREON OR THEREIN, OR
DAMAGED OR DISTURBED BY TENANT OR ANY OF TENANT'S AGENTS, CONTRACTORS,
EMPLOYEES, LICENSEES OR INVITEES.
5.2.4
LANDLORD'S REPRESENTATIONS, COVENANTS AND INDEMNITY.
LANDLORD
HEREBY REPRESENTS AND WARRANTS TO TENANT THAT, TO LANDLORD'S ACTUAL KNOWLEDGE
WITHOUT DUTY OF INVESTIGATION OR INQUIRY, AS OF THE DATE OF EXECUTION OF THIS
LEASE, THE IMPROVED BUILDING H PROPERTY AND OTHER PORTIONS OF THE PROJECT
CURRENTLY OWNED BY LANDLORD DO NOT CURRENTLY CONTAIN ANY HAZARDOUS MATERIALS IN
VIOLATION OF EXISTING APPLICABLE ENVIRONMENTAL