MATERIALS THAT ARE NOW OR HEREINAFTER BECOME LOCATED
IN, ON OR UNDER THE SITE, AND SHALL ASSUME FULL RESPONSIBILITY AND COST TO
REMEDY SUCH VIOLATIONS AND/OR THE EXISTENCE OF HAZARDOUS MATERIALS, PROVIDED AND
TO THE EXTENT THAT SUCH VIOLATION OR THE EXISTENCE OF HAZARDOUS MATERIALS IS NOT
CAUSED BY SUBLESSEE.
HAZARDOUS MATERIALS SHALL INCLUDE, BUT SHALL NOT BE
LIMITED TO, SUBSTANCES REQUIRING INVESTIGATION, REMOVAL OR REMEDIATION UNDER ANY
FEDERAL,
34
STATE OR LOCAL STATUTE, REGULATION, ORDINANCE OR POLICY INCLUDING SUBSTANCES
DEFINED AS "HAZARDOUS SUBSTANCES" OR "TOXIC SUBSTANCES" IN THE COMPREHENSIVE
ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED, 42
U.S.C. SECTION 1802; THE RESOURCE CONSERVATION RECOVERY ACT, 42 U.S.C.
SECTION 6901, ET. SEQ.; OR THOSE SUBSTANCES DEFINED AS "HAZARDOUS WASTES" IN
APPLICABLE CODES IN THE STATE OF CALIFORNIA OR THE STATE WHERE THE PREMISES ARE
LOCATED AND IN THE REGULATIONS ADOPTED AND PUBLICATIONS PROMULGATED TO SUCH
CODES.
SUBLESSEE SHALL HAVE THE RIGHT TO USE AND STORE HAZARDOUS MATERIALS (SO
LONG AS SUCH DOES NOT REQUIRE A PERMIT UNDER THE RESOURCE CONSERVATION RECOVERY
ACT) IN THE SUBLEASED PREMISES WITH CONCURRENT NOTICE OF SUCH TO SUBLESSOR
INCLUDING ANY APPLICABLE MATERIAL SAFETY DATA SHEETS.
SUBLESSEE SHALL NOT, AT
ANY TIME, USE ANY PORTION OF THE SUBLEASED PREMISES OR PROJECT IN VIOLATION OF
ANY REGULATIONS.
SUBLESSEE SHALL DEFEND, INDEMNIFY AND HOLD SUBLESSOR HARMLESS
FROM AND AGAINST ANY AND ALL LOSSES, COSTS (INCLUDING REASONABLE ATTORNEYS'
FEES), LIABILITIES AND CLAIMS ARISING FROM THE EXISTENCE OF HAZARDOUS MATERIALS
THAT HEREINAFTER BECOME LOCATED IN, ON OR UNDER THE PROJECT CAUSED BY SUBLESSEE.
25.
RIGHT TO REPAIR.
SUBLESSEE SHALL HAVE THE
RIGHT (BUT NOT THE OBLIGATION) TO FULFILL SUBLESSOR'S OBLIGATIONS WITH RESPECT
TO THE MAINTENANCE AND REPAIR OF THE SUBLEASED PREMISES AND THE PROJECT(AND
SUBLESSEE SHALL HAVE ACCESS TO UTILITY SYSTEMS AND ELEMENTS OUTSIDE THE
SUBLEASED PREMISES WHICH SERVICE THE SUBLEASED PREMISES IN ORDER TO DO SO) IN
THE EVENT SUBLESSOR FAILS TO DO SAME UNDER THIS SUBLEASE AND/OR UNDER THE PRIME
LEASE AND AFTER THE EXPIRATION OF APPROPRIATE NOTICE FROM SUBLESSEE AND
SUBLESSOR'S FAILURE TO CURE SAME WITHIN THIRTY (30) DAYS. IN SUCH EVENT,
SUBLESSEE SHALL HAVE THE RIGHT TO DEDUCT ITS ACTUAL COST SO INCURRED FROM THE
NEXT MONTHLY INSTALLMENT(S) OF BASE RENT AND ADDITIONAL RENT DUE.
NOTWITHSTANDING ANY PROVISION SET FORTH IN THIS SUBLEASE OR THE PRIME LEASE TO
THE CONTRARY, IF SUBLESSEE PROVIDES WRITTEN NOTICE (OR ORAL NOTICE IN THE EVENT
OF AN EMERGENCY SUCH AS DAMAGE OR DESTRUCTION TO OR OF ANY PORTION OF THE
BUILDING STRUCTURE AND/OR THE BUILDING SYSTEMS, THE PARKING FACILITIES AND/OR
ANYTHING THAT COULD CAUSE MATERIAL DISRUPTION TO SUBLESSEE'S BUSINESS) TO
SUBLESSOR OF AN EVENT OR CIRCUMSTANCE WHICH REQUIRES THE ACTION OF SUBLESSOR
WITH RESPECT TO REPAIR AND/OR MAINTENANCE, AND SUBLESSOR FAILS TO PROVIDE SUCH
ACTION WITHIN A REASONABLE PERIOD OF TIME, GIVEN THE CIRCUMSTANCES, AFTER THE
RECEIPT OF SUCH NOTICE, BUT IN ANY EVENT NOT LATER THAN SEVEN (7) DAYS AFTER
RECEIPT OF SUCH NOTICE, THEN SUBLESSEE MAY PROCEED TO TAKE THE REQUIRED ACTION
UPON DELIVERY