REGULATIONS OR COURT DECISIONS RELATING TO HAZARDOUS SUBSTANCES, HAZARDOUS
MATERIALS, HAZARDOUS WASTE, TOXIC SUBSTANCES, ENVIRONMENTAL CONDITIONS ON, UNDER
OR ABOUT THE PREMISES, OR SOIL AND GROUND WATER CONDITIONS, INCLUDING, BUT NOT
LIMITED TO, CALIFORNIA LABOR CODE SECTION 6382, CALIFORNIA HEALTH AND SAFETY
CODE SECTION 25249.5, ET SEQ., ANY AMENDMENTS TO AND ANY REGULATIONS PROMULGATED
PURSUANT TO THE FOREGOING, AND ANY SIMILAR FEDERAL, STATE OR LOCAL LAWS,
ORDINANCES, RULES, DECREES, ORDERS OR REGULATIONS.
34.1.2
HAZARDOUS MATERIALS.
"HAZARDOUS MATERIALS" MEANS ANY CHEMICAL,
COMPOUND, SUBSTANCE OR OTHER MATERIAL, INCLUDING, WITHOUT LIMITATION, GASOLINE,
DIESEL, AVIATION FUELS, LUBRICATING OILS, SOLVENTS AND CHEMICALS, THAT:
(I) IS
DEFINED AS A HAZARDOUS SUBSTANCE, HAZARDOUS MATERIAL, HAZARDOUS WASTE OR TOXIC
SUBSTANCE UNDER ANY HAZARDOUS MATERIAL LAW; (II) IS CONTROLLED OR GOVERNED BY
ANY HAZARDOUS MATERIALS LAW, OR GIVES RISE TO ANY REPORTING, NOTICE OR
PUBLICATION REQUIREMENTS THEREUNDER, OR GIVES RISE TO ANY LIABILITY,
RESPONSIBILITY OR DUTY ON THE PART OF TENANT OR COUNTY WITH RESPECT TO ANY THIRD
PERSON THEREUNDER; OR (III) IS A FLAMMABLE OR EXPLOSIVE MATERIAL, ASBESTOS,
RADIOACTIVE MATERIAL, NUCLEAR MEDICINE MATERIAL, DRUG, VACCINE, BACTERIAL,
VIRUS, HAZARDOUS WASTE, TOXIC SUBSTANCE, OR RELATED INJURIOUS OR POTENTIALLY
INJURIOUS MATERIAL (BY ITSELF OR IN COMBINATION WITH OTHER MATERIALS).
34.2
Tenant's Obligations.
34.2.1
COMPLIANCE WITH LAWS.
DURING THE LEASE TERM, TENANT SHALL STRICTLY
COMPLY WITH, AND SHALL MAINTAIN THE PREMISES IN COMPLIANCE WITH, ALL HAZARDOUS
MATERIALS LAWS.
TENANT SHALL OBTAIN AND MAINTAIN IN FULL FORCE AND EFFECT ALL
PERMITS, LICENSES AND OTHER GOVERNMENTAL APPROVALS REQUIRED FOR TENANT'S
OPERATIONS ON THE PREMISES UNDER ANY HAZARDOUS MATERIALS LAWS AND SHALL COMPLY
WITH ALL TERMS AND CONDITIONS THEREOF.
AT LANDLORD'S REQUEST, TENANT SHALL
DELIVER COPIES OF, OR ALLOW LANDLORD TO INSPECT, ALL SUCH PERMITS, LICENSES AND
APPROVALS.
TENANT SHALL PERFORM ANY MONITORING, INVESTIGATION, CLEAN-UP,
REMOVAL, DETOXIFICATION, PREPARATION OF CLOSURE OR OTHER REQUIRED PLANS AND ANY
OTHER REMEDIAL WORK (COLLECTIVELY, "REMEDIAL WORK") REQUIRED AS A RESULT OF
(A) ANY RELEASE OR DISCHARGE OF HAZARDOUS MATERIALS FROM THE PREMISES, (B) ANY
OTHER CONTAMINATION OF THE PREMISES CAUSED BY HAZARDOUS MATERIALS OR (C) ANY
VIOLATION OF HAZARDOUS MATERIALS LAWS CAUSED BY TENANT OR ANY PERMITTED ASSIGNEE
OR SUBTENANT OF TENANT OR THEIR RESPECTIVE AGENTS, CONTRACTORS, EMPLOYEES,
LICENSEES OR INVITEES, EXCEPT IN EACH CASE TO THE EXTENT THAT ANY SUCH RELEASE,
DISCHARGE, CONTAMINATION OR VIOLATION WAS CAUSED BY LANDLORD OR LANDLORD'S
AGENTS.
LANDLORD SHALL HAVE THE RIGHT TO INTERVENE IN ANY GOVERNMENTAL ACTION
OR PROCEEDING INVOLVING ANY REMEDIAL WORK, AND TO APPROVE PERFORMANCE OF THE
WORK, IN ORDER TO PROTECT LANDLORD INTERESTS.
TENANT SHALL BE SOLELY
RESPONSIBLE FOR PAYING ALL FINES, DAMAGES AND PENALTIES IMPOSED BY ANY
GOVERNMENTAL AUTHORITY IN CONNECTION WITH ANY REMEDIAL WORK PURSUANT TO THIS
SECTION 34.2.1.
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34.2.2
COMPLIANCE WITH INSURANCE REQUIREMENTS.
DURING THE TERM, TENANT
SHALL COMPLY WITH THE REQUIREMENTS OF TENANT'S INSURERS REGARDING HAZARDOUS
MATERIALS AND WITH SUCH INSURERS' RECOMMENDATIONS BASED UPON PRUDENT INDUSTRY
PRACTICES REGARDING MANAGEMENT OF HAZARDOUS MATERIALS.
34.2.3
NOTICE; REPORTING.
TENANT SHALL NOTIFY LANDLORD IN WRITING
IMMEDIATELY AFTER ANY OF THE FOLLOWING:
(A) TENANT HAS KNOWLEDGE, OR HAS