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<br />services by Tenant shall not relieve Tenant of its primary responsibility for proper performance
<br />of management duties.
<br />
<br />6.9 Tenant Right to Contest. Tenant shall have the right to contest by appropriate
<br />proceedings, in the name of Tenant, and without cost or expense to Landlord, the validity or
<br />application of any Applicable Law. If compliance with any Applicable Law may legally be
<br />delayed pending the prosecution of any such proceeding without the incurrence of any lien,
<br />charge or liability against the Property or Tenant's interest therein, and without subjecting
<br />Tenant or Landlord to any liability, civil or criminal, for failure so to comply therewith, Tenant
<br />may delay compliance therewith until the final determination of such proceeding. Tenant shall
<br />indemnify, defend, protect and hold Landlord harmless from and against all claims, damages,
<br />losses, liabilities, costs and expenses (including without limitation attorneys' fees) incurred by
<br />Landlord as a result of any such contest brought by Tenant.
<br />
<br />6.10 Hazardous Materials.
<br />
<br />6.10.1 Obligations of Tenant. Tenant shall not cause or permit any Hazardous
<br />Material (as defined below) to be brought upon, kept or used in or about the Property other than
<br />materials commonly used in the renovation, operation and maintenance of the Property provided
<br />such materials are used, stored and disposed of in compliance with all Applicable Laws. If
<br />Tenant breaches the covenant set forth in the preceding sentence, then Tenant shall indemnify,
<br />defend, protect and hold Landlord harmless from and against all claims, demands, liabilities,
<br />losses, damages, fines, penalties, remediation orders, costs or expenses (including attorney's
<br />fees) incurred by or brought against Landlord as a result of such breach by Tenant. This
<br />indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection
<br />with any investigation of site conditions or any cleanup, remedial, removal or restoration work
<br />required by any federal, state or local governmental agency or political subdivision because of
<br />the breach by Tenant of the terms and provisions of this Section 6.10.1. Without limiting the
<br />foregoing, if the presence of any Hazardous Material on the Property that was not present as of
<br />the Effective Date results in any contamination of the Property in violation of Applicable Law,
<br />Tenant shall promptly take all actions at its sole expense as are necessary to remediate the
<br />Property as required by law; provided that Landlord's approval of such actions shall first be
<br />obtained, which approval shall not be unreasonably withheld.
<br />
<br />6.10.2 Definition of Hazardous Material. As used in this Lease, the term
<br />"Hazardous Material" means any hazardous, explosive or toxic substance, material or waste
<br />which is or becomes regulated by any local governmental authority, the State of California or the
<br />United States Government. The term "Hazardous Material" includes, without limitation, any
<br />material or substance which is (a) defined as a "hazardous waste," "extremely hazardous waste'
<br />or "restricted hazardous waste" under Sections 25115, 25117 or 15122.7, or is listed pursuant to
<br />Section 25140, of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous
<br />Waste Control Law), (b) defined as a "hazardous substance" under Section 25316 of the
<br />California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner
<br />Hazardous Substance Account Act), (c) defined as "hazardous material," "hazardous substance,"
<br />or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division
<br />20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (d) defined as a
<br />"hazardous substance" under Section 25281 of the California Health and Safety Code, Division
<br />
<br />833368-4
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