of the Premises (or any portion
thereof).
(B)
BUSINESS. LANDLORD ACKNOWLEDGES THAT IT IS NOT THE INTENT OF THIS
SECTION 30 TO PROHIBIT TENANT FROM USING THE PREMISES FOR THE PERMITTED USE.
TENANT MAY OPERATE ITS BUSINESS ACCORDING TO PRUDENT INDUSTRY PRACTICES SO LONG
AS THE USE OR PRESENCE OF HAZARDOUS MATERIALS IS STRICTLY AND PROPERLY MONITORED
ACCORDING TO ALL THEN APPLICABLE ENVIRONMENTAL REQUIREMENTS. AS A MATERIAL
INDUCEMENT TO LANDLORD TO ALLOW TENANT TO USE HAZARDOUS MATERIALS IN CONNECTION
WITH ITS BUSINESS, TENANT AGREES TO DELIVER TO LANDLORD PRIOR TO THE
COMMENCEMENT DATE A LIST IDENTIFYING EACH TYPE OF HAZARDOUS MATERIALS TO BE
BROUGHT UPON, KEPT, USED, STORED, HANDLED, TREATED, GENERATED ON, OR RELEASED OR
DISPOSED OF FROM, THE PREMISES AND SETTING FORTH ANY AND ALL GOVERNMENTAL
APPROVALS OR PERMITS REQUIRED IN CONNECTION WITH THE PRESENCE, USE, STORAGE,
HANDLING, TREATMENT, GENERATION, RELEASE OR DISPOSAL OF SUCH HAZARDOUS MATERIALS
ON OR FROM THE PREMISES ("HAZARDOUS MATERIALS LIST"). TENANT SHALL DELIVER TO
LANDLORD AN UPDATED HAZARDOUS MATERIALS LIST AT LEAST ONCE A YEAR AND ONE
ADDITIONAL TIME PER YEAR FOLLOWING THE WRITTEN REQUEST OF LANDLORD. TENANT SHALL
DELIVER TO LANDLORD TRUE AND CORRECT COPIES OF THE FOLLOWING DOCUMENTS (THE "HAZ
MAT DOCUMENTS"), IF ANY, RELATING TO THE USE, STORAGE, HANDLING, TREATMENT,
GENERATION, RELEASE OR DISPOSAL OF HAZARDOUS MATERIALS PRIOR TO THE COMMENCEMENT
DATE, OR IF UNAVAILABLE AT THAT TIME, CONCURRENT WITH THE RECEIPT FROM OR
SUBMISSION TO A GOVERNMENTAL AUTHORITY:
PERMITS; APPROVALS; REPORTS AND
CORRESPONDENCE; STORAGE AND MANAGEMENT PLANS, NOTICE OF VIOLATIONS OF ANY LEGAL
REQUIREMENTS; PLANS RELATING TO THE INSTALLATION OF ANY STORAGE TANKS TO BE
INSTALLED IN OR UNDER THE PROJECT (PROVIDED, SAID INSTALLATION OF TANKS SHALL
ONLY BE PERMITTED AFTER LANDLORD HAS GIVEN TENANT ITS WRITTEN CONSENT TO DO SO,
WHICH CONSENT MAY BE WITHHELD IN LANDLORD'S SOLE AND ABSOLUTE DISCRETION); ALL
CLOSURE PLANS OR ANY OTHER DOCUMENTS REQUIRED BY ANY AND ALL FEDERAL, STATE AND
LOCAL GOVERNMENTAL AUTHORITIES FOR ANY STORAGE TANKS INSTALLED IN, ON OR UNDER
THE PROJECT FOR THE CLOSURE OF ANY SUCH TANKS; AND A SURRENDER PLAN (TO THE
EXTENT SURRENDER IN ACCORDANCE WITH SECTION 28 CANNOT BE ACCOMPLISHED IN THREE
(3) MONTHS). TENANT IS NOT REQUIRED, HOWEVER, TO PROVIDE LANDLORD WITH ANY
PORTION(S) OF THE HAZ MAT DOCUMENTS CONTAINING INFORMATION OF A PROPRIETARY
NATURE WHICH, IN AND OF THEMSELVES, DO NOT CONTAIN A REFERENCE TO ANY HAZARDOUS
MATERIALS OR HAZARDOUS ACTIVITIES. IT IS NOT THE INTENT OF THIS SECTION 30 TO
PROVIDE LANDLORD WITH INFORMATION WHICH COULD BE DETRIMENTAL TO TENANT'S
BUSINESS SHOULD SUCH INFORMATION BECOME POSSESSED BY TENANT'S COMPETITORS.
(C)
TENANT REPRESENTATION AND WARRANTY. TENANT HEREBY REPRESENTS AND
WARRANTS TO LANDLORD THAT, (I) NEITHER TENANT NOR ANY OF ITS LEGAL CORPORATE
PREDECESSORS HAS BEEN REQUIRED BY ANY PRIOR LANDLORD (OTHER THAN ARE 11099 NORTH
TORREY PINES ROAD, LLC), LENDER OR GOVERNMENTAL AUTHORITY AT ANY TIME TO TAKE
REMEDIAL ACTION IN CONNECTION WITH HAZARDOUS MATERIALS CONTAMINATING A PROPERTY
WHICH CONTAMINATION WAS PERMITTED BY TENANT OF SUCH PREDECESSOR OR RESULTED FROM
TENANT'S OR SUCH PREDECESSOR'S