SAFETY DUE TO ITS
RADIOACTIVITY, IGNITABILITY, CORROSIVITY, REACTIVITY, EXPLOSIVITY, TOXICITY,
CARCINOGENICITY, MUTAGENICITY, PHYTOTOXICITY OR OTHER HARMFUL OR POTENTIALLY
HARMFUL PROPERTIES OR EFFECTS.
HAZARDOUS MATERIALS SHALL INCLUDE, WITHOUT
LIMITATION, PETROLEUM HYDROCARBONS, INCLUDING CRUDE OIL OR ANY FRACTION THEREOF,
ASBESTOS, RADON, POLYCHLORINATED BIPHENYLS (PCBS), METHANE AND ALL SUBSTANCES
WHICH NOW OR IN THE FUTURE MAY BE DEFINED AS "HAZARDOUS SUBSTANCES," "HAZARDOUS
WASTES," "EXTREMELY HAZARDOUS WASTES," "HAZARDOUS MATERIALS," "TOXIC
SUBSTANCES," "INFECTIOUS WASTES," "BIOHAZARDOUS WASTES," "MEDICAL WASTES,"
"RADIOACTIVE WASTES" OR WHICH ARE OTHERWISE LISTED, DEFINED OR REGULATED IN ANY
MANNER PURSUANT TO ANY ENVIRONMENTAL LAWS.
(D)
"TENANT'S HAZARDOUS MATERIALS" MEANS ANY
HAZARDOUS MATERIALS RESULTING FROM THE ENVIRONMENTAL ACTIVITY BY TENANT OR ANY
OF TENANT'S AGENTS.
13.2
ENVIRONMENTAL RELEASE.
TENANT REPRESENTS TO
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
33
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