LANDLORD THAT TENANT IS
AWARE THAT DETECTABLE AMOUNTS OF HAZARDOUS MATERIALS HAVE COME TO BE LOCATED ON,
BENEATH AND/OR IN THE VICINITY OF THE PREMISES.
TENANT HAS MADE SUCH
INVESTIGATIONS AND INQUIRIES AS IT DEEMS APPROPRIATE TO ASCERTAIN THE EFFECTS,
IF ANY, OF SUCH SUBSTANCES AND CONTAMINANTS ON ITS OPERATIONS AND PERSONS USING
THE BUILDING AND THE COMMON AREA.
LANDLORD MAKES NO REPRESENTATION OR WARRANTY
WITH REGARD TO THE ENVIRONMENTAL CONDITION OF THE BUILDING, THE COMMON AREA OR
THE PROPERTY.
TENANT HEREBY RELEASES LANDLORD AND LANDLORD'S OFFICERS,
DIRECTORS, TRUSTEES, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS, DEMANDS,
DEBTS, LIABILITIES, AND CAUSES OF ACTION OF WHATEVER KIND OR NATURE, WHETHER
KNOWN OR UNKNOWN OR SUSPECTED OR UNSUSPECTED WHICH TENANT OR ANY OF TENANT'S
AGENTS MAY HAVE, CLAIM TO HAVE, OR WHICH MAY HEREAFTER ACCRUE AGAINST THE
RELEASED PARTIES OR ANY OF THEM, ARISING OUT OF OR RELATING TO OR IN ANY WAY
CONNECTED WITH HAZARDOUS MATERIALS PRESENTLY IN, ON OR UNDER, OR NOW OR
HEREAFTER EMANATING FROM OR MIGRATING ONTO THE BUILDING OR THE PROPERTY (EXCEPT
TO THE EXTENT SUCH EXISTENCE, EMANATION OR MIGRATION IS CAUSED BY LANDLORD OR
LANDLORD'S AGENTS).
IN CONNECTION WITH SUCH RELEASE, TENANT HEREBY WAIVES ANY
AND ALL RIGHTS CONFERRED UPON IT BY THE PROVISIONS OF SECTION 1542 OF THE
CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS:
A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if
known by him must have materially affected his settlement with the debtor.
13.3
USE OF HAZARDOUS MATERIALS.
TENANT SHALL NOT CAUSE OR PERMIT ANY
HAZARDOUS MATERIALS TO BE USED, STORED, DISCHARGED, RELEASED OR DISPOSED OF IN
THE PREMISES OR CAUSE ANY HAZARDOUS MATERIALS TO BE USED, STORED, DISCHARGED,
RELEASED OR DISPOSED OF IN, FROM, UNDER OR ABOUT, THE PROPERTY, OR ANY OTHER
LAND OR IMPROVEMENTS IN THE VICINITY OF THE PROPERTY, EXCEPTING ONLY THE TYPES
AND MINOR QUANTITIES OF HAZARDOUS MATERIALS WHICH ARE NORMALLY USED IN
CONNECTION WITH TENANT'S PERMITTED USE, OPERATION AND MAINTENANCE OF THE
PREMISES AND THEN ONLY IN STRICT ACCORDANCE WITH ALL LEGAL REQUIREMENTS,
INCLUDING ALL ENVIRONMENTAL LAWS ("PERMITTED SUBSTANCES").
TENANT SHALL, AT ITS
OWN EXPENSE, PROCURE, MAINTAIN IN EFFECT AND COMPLY WITH ALL CONDITIONS OF ANY
AND ALL PERMITS, LICENSES, AND OTHER GOVERNMENTAL AND REGULATORY APPROVALS
REQUIRED FOR TENANT'S USE OF HAZARDOUS MATERIALS AT THE PREMISES, INCLUDING,
WITHOUT LIMITATION, DISCHARGE OF APPROPRIATELY TREATED MATERIALS OR WASTES INTO
OR THROUGH ANY SANITARY SEWER SERVING THE BUILDING.
TENANT SHALL IN ALL
RESPECTS HANDLE, TREAT, DEAL WITH AND MANAGE ANY AND ALL TENANT'S HAZARDOUS
MATERIALS IN TOTAL CONFORMITY WITH ALL ENVIRONMENTAL LAWS AND PRUDENT INDUSTRY
PRACTICES REGARDING MANAGEMENT OF SUCH HAZARDOUS MATERIALS.
WITHOUT LIMITING
THE FOREGOING, IF ANY TENANT'S HAZARDOUS MATERIALS RESULT IN CONTAMINATION OF
THE BUILDING, OR ANY SOIL OR GROUNDWATER IN, UNDER OR ABOUT THE PROPERTY IN EACH
CASE TO THE EXTENT THE PRESENCE OF SAME AMOUNTS TO A VIOLATION OF ANY LEGAL
REQUIREMENT OR POSES