SUCH
A BREACH.
WITHOUT LIMITING THE FOREGOING, IF THE PRESENCE OF ANY HAZARDOUS
MATERIAL IN, ON, UNDER OR ABOUT THE PREMISES OR THE PROJECT CAUSED OR PERMITTED
BY TENANT RESULTS IN CONTAMINATION OF ANY PART OF THE PROJECT, TENANT SHALL
PROMPTLY TAKE ALL ACTIONS AT ITS SOLE EXPENSE AS ARE NECESSARY TO RETURN THE
SAME TO THE CONDITION EXISTING PRIOR TO THE INTRODUCTION OF SUCH HAZARDOUS
MATERIAL; PROVIDED THAT LANDLORD'S APPROVAL OF SUCH ACTIONS, AND THE CONTRACTORS
TO BE USED BY TENANT IN CONNECTION THEREWITH, SHALL FIRST BE OBTAINED.
THIS
INDEMNIFICATION OF LANDLORD BY TENANT SHALL SURVIVE THE EXPIRATION OR SOONER
TERMINATION OF THIS LEASE.
10.2
DEFINITION OF HAZARDOUS MATERIAL.
AS USED IN THIS LEASE, THE TERM
"HAZARDOUS MATERIAL" MEANS ANY HAZARDOUS OR TOXIC SUBSTANCE, MATERIAL OR WASTE
WHICH IS OR BECOMES REGULATED BY ANY LOCAL GOVERNMENTAL AUTHORITY, THE STATE OF
CALIFORNIA OR THE UNITED STATES GOVERNMENT.
THE TERM "HAZARDOUS MATERIAL"
INCLUDES, WITHOUT LIMITATION, ANY SUBSTANCE, MATERIAL OR WASTE WHICH IS
(I) DEFINED AS A "HAZARDOUS MATERIAL" OR SIMILAR TERM UNDER THE LAWS OF THE
JURISDICTION WHERE THE PROJECT IS LOCATED INCLUDING WITHOUT LIMITATION
CALIFORNIA HEALTH AND SAFETY CODE SECTION 25260(D); (II) DESIGNATED AS A
"HAZARDOUS SUBSTANCE" PURSUANT TO SECTION 311 OF THE FEDERAL WATER POLLUTION
CONTROL ACT (33 U.S.C. SECTION 1321); (III) DEFINED AS A "HAZARDOUS WASTE"
PURSUANT TO SECTION 1004 OF THE FEDERAL RESOURCE CONSERVATION AND RECOVERY ACT,
42 U.S.C. SECTION 6901 ET SEQ. (42 U.S.C. SECTION 6903); (IV) DEFINED AS A
"HAZARDOUS SUBSTANCE" PURSUANT TO SECTION 101 OF THE COMPREHENSIVE ENVIRONMENTAL
RESPONSE, COMPENSATION AND LIABILITY ACT, 42 U.S.C. SECTION 9601 ET SEQ. (42
U.S.C. SECTION 9601); (V) HYDROCARBONS, PETROLEUM, GASOLINE, CRUDE OIL OR ANY
PRODUCTS, BY-PRODUCTS OR FRACTIONS THEREOF; (VI) ASBESTOS IN ANY FORM OR
CONDITION; OR (VII) LISTED PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE
SECTION 25249.8 AS A CHEMICAL KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER
OR REPRODUCTIVE TOXICITY.
AS USED IN THIS ARTICLE 10, THE TERM "LAWS" MEANS ANY
APPLICABLE FEDERAL, STATE OR LOCAL LAWS, ORDINANCES, RULES OR REGULATIONS
RELATING TO ANY HAZARDOUS MATERIAL AFFECTING THE PROJECT, INCLUDING, WITHOUT
LIMITATION, THE SPECIFIC LAWS, ORDINANCES AND REGULATIONS REFERRED TO IN THIS
SECTION 10.2 ABOVE.
REFERENCES TO SPECIFIC LAWS SHALL ALSO BE REFERENCES TO ANY
AMENDMENTS THERETO AND TO ANY APPLICABLE SUCCESSOR LAWS.
10.3
LIMITATIONS ON ASSIGNMENT AND SUBLETTING.
IT SHALL NOT BE
UNREASONABLE FOR LANDLORD TO WITHHOLD ITS CONSENT TO ANY PROPOSED ASSIGNMENT OR
SUBLETTING OF THE PREMISES IF THE PROPOSED TRANSFEREE'S ANTICIPATED USE OF THE
PREMISES INVOLVES THE GENERATION, STORAGE, USE, TREATMENT, OR DISPOSAL OF
HAZARDOUS MATERIAL (EXCLUDING STANDARD OFFICE AND JANITORIAL SUPPLIES IN LIMITED
QUANTITIES AS HEREINABOVE PROVIDED).
10.4
RIGHT OF ENTRY.
LANDLORD, ITS EMPLOYEES, AGENTS AND CONSULTANTS,
SHALL HAVE THE RIGHT TO ENTER THE PREMISES AT ANY TIME, IN CASE OF AN EMERGENCY,
AND OTHERWISE DURING REASONABLE HOURS AND UPON AT LEAST FIVE (5) BUSINESS DAYS
WRITTEN NOTICE TO TENANT, IN ORDER TO CONDUCT PERIODIC ENVIRONMENTAL INSPECTIONS
AND TESTS TO DETERMINE WHETHER ANY HAZARDOUS MATERIALS ARE PRESENT.
THE COSTS
AND