(COLLECTIVELY, "TENANT'S PARTIES"), WITHOUT THE PRIOR WRITTEN CONSENT OF
LANDLORD, WHICH CONSENT LANDLORD MAY WITHHOLD IN ITS SOLE AND ABSOLUTE
DISCRETION.
IN THE EVENT OF ANY RELEASE OF HAZARDOUS MATERIALS CAUSED OR
PERMITTED BY TENANT OR ANY OF TENANT'S PARTIES, LANDLORD SHALL HAVE THE RIGHT,
BUT NOT THE OBLIGATION, TO CAUSE TENANT TO IMMEDIATELY TAKE ALL STEPS LANDLORD
DEEMS NECESSARY OR APPROPRIATE TO REMEDIATE SUCH RELEASE AND PREVENT ANY SIMILAR
FUTURE RELEASE TO THE SATISFACTION OF LANDLORD AND LANDLORD'S MORTGAGEE(S).
SUBJECT TO SECTION 4.3(E), TENANT SHALL AT ALL TIMES AND IN ALL RESPECTS COMPLY
WITH ALL FEDERAL, STATE AND LOCAL LAWS, ORDINANCES AND REGULATIONS ("HAZARDOUS
MATERIALS LAWS") RELATING TO THE INDUSTRIAL HYGIENE, ENVIRONMENTAL PROTECTION OR
THE USE, ANALYSIS, GENERATION, MANUFACTURE, STORAGE, PRESENCE, DISPOSAL OR
TRANSPORTATION OF ANY OIL, FLAMMABLE EXPLOSIVES, ASBESTOS, UREA FORMALDEHYDE,
POLYCHLORINATED BIPHENYLS, RADIOACTIVE MATERIALS OR WASTE, OR OTHER HAZARDOUS,
TOXIC, CONTAMINATED OR POLLUTING MATERIALS, SUBSTANCES OR WASTES, INCLUDING
WITHOUT LIMITATION ANY "HAZARDOUS SUBSTANCES," "HAZARDOUS WASTES," "HAZARDOUS
MATERIALS" OR TOXIC SUBSTANCES" UNDER ANY SUCH LAWS, ORDINANCES OR REGULATIONS
(COLLECTIVELY, "HAZARDOUS MATERIALS") AT THE DEMISED PREMISES.
(B)
SUBJECT TO SECTION 4.3(E), TENANT SHALL AT
ITS OWN EXPENSE PROCURE (OTHER THAN A CERTIFICATE OF OCCUPANCY), 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 THE DEMISED
PREMISES FOR ANY PERMITTED USES OTHER THAN GENERAL OFFICE PURPOSES, INCLUDING,
WITHOUT LIMITATION, DISCHARGE OF (APPROPRIATELY TREATED) MATERIALS OR WASTE INTO
OR THROUGH ANY SANITARY SEWER SYSTEM SERVING THE DEMISED PREMISES.
TENANT SHALL
IN ALL RESPECTS HANDLE, TREAT, DEAL WITH AND MANAGE ANY AND ALL HAZARDOUS
MATERIALS IN, ON, UNDER OR ABOUT THE DEMISED PREMISES IN COMPLETE CONFORMITY
WITH ALL APPLICABLE HAZARDOUS MATERIALS LAWS AND PRUDENT INDUSTRY PRACTICES
REGARDING THE MANAGEMENT OF SUCH HAZARDOUS MATERIALS.
UPON EXPIRATION OR
EARLIER TERMINATION OF THIS LEASE AND SUBJECT TO SECTION 4.3(E), TENANT SHALL
CAUSE ALL HAZARDOUS MATERIALS (AS DEFINED IN 22 CCR 66261.3) CAUSED OR PERMITTED
BY TENANT OR ANY OF THE TENANT PARTIES TO BE REMOVED FROM THE DEMISED PREMISES
AND TRANSPORTED FOR USE, STORAGE OR DISPOSAL IN ACCORDANCE WITH AND IN COMPLETE
COMPLIANCE WITH ALL APPLICABLE HAZARDOUS MATERIALS LAWS.
TENANT SHALL NOT TAKE
ANY REMEDIAL ACTION IN RESPONSE TO THE PRESENCE OF ANY HAZARDOUS MATERIALS IN,
ON, ABOUT OR UNDER THE DEMISED PREMISES OR IN ANY IMPROVEMENTS SITUATED ON THE
LAND OTHER THAN IN THE NORMAL COURSE OF TENANT'S BUSINESS OPERATIONS AS NOW
CONTEMPLATED IN ACCORDANCE WITH ALL HAZARDOUS MATERIALS LAWS OR AS NECESSITATED
BY EMERGENCY CONSIDERATIONS IN ACCORDANCE WITH ALL APPLICABLE HAZARDOUS
MATERIALS LAWS, NOR ENTER INTO ANY SETTLEMENT AGREEMENT, CONSENT
9
DECREE OR OTHER COMPROMISE IN RESPECT TO ANY CLAIMS RELATING TO ANY HAZARDOUS
MATERIALS IN ANY WAY CONNECTED WITH THE DEMISED PREMISES OR THE IMPROVEMENTS ON
THE LAND WITHOUT FIRST NOTIFYING LANDLORD OF TENANT'S INTENTION TO DO SO AND
AFFORDING LANDLORD AMPLE OPPORTUNITY TO APPEAR, INTERVENE OR OTHERWISE
APPROPRIATELY ASSERT AND PROTECT LANDLORD'S INTEREST WITH RESPECT THERETO. IN
ADDITION, AT LANDLORD'S REQUEST, AT THE EXPIRATION