HAZARDOUS OR TOXIC SUBSTANCES,
MATERIALS OR WASTES, POLLUTANTS OR CONTAMINANTS, AS DEFINED, LISTED OR REGULATED
BY ANY FEDERAL, STATE OR LOCAL LAW, REGULATION OR ORDER OR BY COMMON LAW
DECISION, INCLUDING, WITHOUT LIMITATION, (I) TRICHLOROETHYLENE,
TETRACHLOROETHYLENE, PERCHLOROETHYLENE AND OTHER CHLORINATED SOLVENTS, (II) ANY
PETROLEUM PRODUCTS OR FRACTIONS THEREOF, (III) ASBESTOS, (IV) POLYCHLORINTED
BIPHENYLS, (V) FLAMMABLE EXPLOSIVES, (VI) UREA FORMALDEHYDE, (VII) RADIOACTIVE
MATERIALS AND WASTE, AND (VIII) MATERIALS AND WASTES THAT ARE HARMFUL TO OR MAY
THREATEN HUMAN HEALTH, ECOLOGY OR THE ENVIRONMENT.
(B)
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LEASE, TENANT, AT ITS
SOLE COST, SHALL COMPLY WITH ALL LAWS RELATING TO THE STORAGE, USE AND DISPOSAL
OF HAZARDOUS MATERIALS; PROVIDED, HOWEVER, THAT TENANT SHALL NOT BE RESPONSIBLE
FOR CONTAMINATION OF THE LEASED PREMISES BY HAZARDOUS MATERIALS EXISTING AS OF
THE LEASE COMMENCEMENT DATE UNLESS CAUSED BY TENANT. TENANT SHALL NOT STORE, USE
OR DISPOSE OF ANY HAZARDOUS MATERIALS EXCEPT FOR THOSE HAZARDOUS MATERIALS
LISTED IN A HAZARDOUS MATERIALS MANAGEMENT PLAN ("HMMP") WHICH TENANT SHALL
DELIVER TO LANDLORD UPON EXECUTION OF THIS LEASE AND UPDATE AT LEAST ANNUALLY
WITH LANDLORD ("PERMITTED MATERIALS") WHICH MAY BE USED, STORED AND DISPOSED OF
PROVIDED (I) SUCH PERMITTED MATERIALS ARE USED, STORED, TRANSPORTED, AND
DISPOSED OF IN STRICT COMPLIANCE WITH APPLICABLE LAWS, (II) SUCH PERMITTED
MATERIALS SHALL BE LIMITED TO THE MATERIALS LISTED ON AND MAY BE USED ONLY IN
THE QUANTITIES SPECIFIED IN THE HMMP, AND (III) TENANT SHALL PROVIDE LANDLORD
WITH COPIES OF ALL MATERIAL SAFETY DATA SHEETS AND OTHER DOCUMENTATION REQUIRED
UNDER APPLICABLE LAWS IN CONNECTION WITH TENANT'S USE OF PERMITTED MATERIALS AS
AND WHEN SUCH DOCUMENTATION IS PROVIDED TO ANY REGULATORY AUTHORITY HAVING
JURISDICTION, IN NO EVENT SHALL TENANT CAUSE OR PERMIT TO BE DISCHARGED INTO THE
PLUMBING OR SEWAGE SYSTEM OF THE BUILDING OR ONTO THE LAND UNDERLYING OR
ADJACENT TO THE BUILDING ANY HAZARDOUS MATERIALS. TENANT SHALL BE SOLELY
RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD LANDLORD AND ITS AGENTS
HARMLESS FROM AND AGAINST ALL CLAIMS, COSTS AND LIABILITIES, INCLUDING
ATTORNEYS' FEES AND COSTS, ARISING OUT OF OR IN CONNECTION WITH TENANT'S
STORAGE, USE AND/OR DISPOSAL OF HAZARDOUS MATERIALS. IF THE PRESENCE OF
HAZARDOUS MATERIALS ON THE LEASED PREMISES CAUSED OR PERMITTED BY TENANT RESULTS
IN CONTAMINATION OR DETERIORATION OF WATER OR SOIL, THEN TENANT SHALL
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PROMPTLY TAKE ANY AND ALL ACTION NECESSARY TO CLEAN UP SUCH CONTAMINATION, BUT
THE FOREGOING SHALL IN NO EVENT BE DEEMED TO CONSTITUTE PERMISSION BY LANDLORD
TO ALLOW THE PRESENCE OF SUCH HAZARDOUS MATERIALS. AT ANY TIME PRIOR TO THE
EXPIRATION OF THE LEASE TERM IF TENANT HAS A REASONABLE BASIS TO SUSPECT THAT
THERE HAS BEEN ANY RELEASE OR THE PRESENCE OF HAZARDOUS MATERIALS IN THE GROUND
OR GROUND WATER ON THE LEASED PREMISES WHICH DID NOT EXIST UPON COMMENCEMENT OF
THE LEASE TERM, TENANT SHALL HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO CONDUCT
APPROPRIATE TESTS OF WATER AND SOIL AND TO DELIVER TO LANDLORD THE RESULTS OF
SUCH TESTS TO DEMONSTRATE THAT NO CONTAMINATION IN