EXPENSE UNDER ANY LAW,
STATUTE OR ORDINANCE NOW OR HEREINAFTER IN EFFECT (INCLUDING WITHOUT LIMITATION
THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1942 AND ANY SUCCESSIVE SECTIONS
OR STATUTES OF A SIMILAR NATURE).
FURTHER, TENANT WAIVES THE
2
PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1932(1) OR ANY OTHER APPLICABLE
EXISTING OR FUTURE LAW, ORDINANCE OR GOVERNMENTAL REGULATION PERMITTING THE
TERMINATION OF THIS LEASE DUE TO ANY INTERRUPTION, FAILURE OR INABILITY TO
PROVIDE ANY SERVICE.
SECTION 4.3.
TENANT SHALL NOT DEPOSIT, DUMP, STORE, POUR ON ANY PART OF THE
SOIL OF THE LEASED PREMISES, OR PERMIT THE ACCUMULATION ON THE LEASED PREMISES
OF DRY OR LIQUID WASTE, CHEMICALS, SOLVENTS OR OTHER MATERIAL, GARBAGE, PROPERTY
NO LONGER USED BY TENANT, OR ANY OTHER SUBSTANCE OR MATERIAL WHICH, IF LEFT ON
THE LEASED PREMISES, COULD CAUSE INJURY TO THE HEALTH OF OR DISCOMFORT TO
PERSONS IN THE NEIGHBORHOOD OR ON THE LEASED PREMISES, ADVERSELY AFFECT THE
ENVIRONMENT OF THE LEASED PREMISES, INCLUDING THE AIR ABOVE AND THE GROUND BELOW
AND SURROUNDING SUCH PREMISES, OR CREATE AN UNSIGHTLY APPEARANCE THEREON.
TENANT, AT ITS EXPENSE, SHALL PROMPTLY REMOVE OR CAUSE THE REMOVAL OF ALL SUCH
MATERIAL FROM THE LEASED PREMISES.
SECTION 4.4.
(A) THE TERM "HAZARDOUS SUBSTANCES," AS USED IN THIS LEASE SHALL
INCLUDE, WITHOUT LIMITATION, FLAMMABLES, EXPLOSIVES, RADIOACTIVE MATERIALS,
ASBESTOS, BIOHAZARD MATERIALS, MOLD, MILDEW, CHLOROFLUOROCARBONS (CFCS),
POLYCHLORINATED BIPHENYLS (PCBS), CHEMICALS KNOWN TO CAUSE CANCER OR
REPRODUCTIVE TOXICITY, POLLUTANTS, CONTAMINANTS, HAZARDOUS WASTES, TOXIC
SUBSTANCES OR RELATED MATERIALS, PETROLEUM AND PETROLEUM PRODUCTS, AND
SUBSTANCES DECLARED TO BE DANGEROUS, HAZARDOUS OR TOXIC UNDER ANY LAW OR
REGULATION NOW OR HEREAFTER ENACTED OR PROMULGATED BY ANY GOVERNMENTAL
AUTHORITY, BUT SPECIFICALLY EXCLUDING NATURALLY OCCURRING METHANE GAS.
(B)
WITHOUT LIMITING THE GENERALITY OF ANY OTHER PROVISION OF THIS
LEASE, TENANT SHALL NOT CAUSE OR PERMIT TO OCCUR:
(I)
ANY VIOLATION OF ANY FEDERAL, STATE, OR LOCAL LAW, ORDINANCE, OR
REGULATION NOW OR HEREAFTER ENACTED, RELATED TO ENVIRONMENTAL CONDITIONS ON,
OVER, UNDER, OR ABOUT THE LEASED PREMISES, OR ARISING FROM TENANT'S USE OR
OCCUPANCY OF THE LEASED PREMISES, INCLUDING, BUT NOT LIMITED TO, OZONE, SOIL AND
GROUND WATER CONDITIONS, OR
(II)
THE USE, GENERATION, RELEASE, MANUFACTURE, REFINING, PRODUCTION,
PROCESSING, STORAGE, OR DISPOSAL OF ANY HAZARDOUS SUBSTANCE ON, OVER, UNDER, OR
ABOUT THE LEASED PREMISES, OR THE TRANSPORTATION TO OR FROM THE LEASED PREMISES
OF ANY HAZARDOUS SUBSTANCE, EXCEPT TO THE EXTENT AND IN THE AMOUNT ANY HAZARDOUS
SUBSTANCES ARE CURRENTLY USED IN THE MANUFACTURING PROCESSES CURRENTLY OPERATING
AT THE LEASED PREMISES.
(C)
(I) TENANT SHALL, AT TENANT'S OWN EXPENSE, COMPLY WITH ALL PRESENT
AND FUTURE LAWS REGULATING THE USE, GENERATION, STORAGE, TRANSPORTATION, OR
DISPOSAL OF HAZARDOUS SUBSTANCES, AS SAME MAY BE AMENDED TIME TO TIME, AND ALL
RULES, REGULATIONS, ORDINANCES, ORDERS AND DIRECTIVES ISSUED OR PROMULGATED
PURSUANT TO OR IN CONNECTION THEREWITH ("LAWS").
(II)
TENANT SHALL, AT TENANT'S OWN EXPENSE, MAKE ALL SUBMISSIONS TO,
PROVIDE ALL INFORMATION REQUIRED BY, AND COMPLY WITH ALL REQUIREMENTS OF ALL
GOVERNMENTAL AUTHORITIES (THE "AUTHORITIES") UNDER THE LAWS.
(III)
SHOULD ANY AUTHORITY OR ANY THIRD