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6.5 Definition of Hazardous Material. As used herein, the term "Hazardous Material" shall
<br />mean any hazardous or toxic substance, material, or waste that is or becomes regulated by the
<br />United States, the State of California, or any local government authority having jurisdiction over
<br />the Property. Hazardous Material includes: any "hazardous substance", as that term is defined in
<br />the Comprehensive Environmental Response, Compensation, and Liability Act of 1980
<br />(CERCLA) (42 United States Code sections 9601-9675); "Hazardous waste", as that term is
<br />defined in the Resource Conservation and Recovery Act of 1976 (RCRA) (42 United States
<br />Code sections 6901-6992k); any pollutant, contaminant, pesticide, herbicide, fertilizer or
<br />hazardous, dangerous, or toxic chemical, material, or substance, within the meaning of any other
<br />applicable federal, state, or local law, regulation, ordinance, or requirement (including consent
<br />decrees and administrative orders imposing liability or standards of conduct concerning any
<br />hazardous, dangerous, or toxic waste, substance, or material, now or hereafter in effect);
<br />petroleum products; radioactive material, including any source, special nuclear, or byproduct
<br />material as defined in 42 United States Code sections 2011-2297g-4; asbestos in any form or
<br />condition; and Polychlorinated biphenyls (PCBs) and substances or compounds containing
<br />PCBs.
<br />ARTICLE VII
<br />LIENS
<br />7.1 Mechanics Liens; Notices. Agency shall keep the Property free from liens arising out of
<br />any work performed, materials furnished, or obligations incurred by Agency. Lessor may have
<br />pasted on the Property any notices that may be provided by law or that Lessor may deem proper
<br />for the protection of Lessor and the Property from such liens. Agency may contest any lien for
<br />which Agency is responsible under this Section, provided that Agency shall cause the lien to be
<br />bonded against. Agency shall provide Lessor with written notice of Agency's intent to begin
<br />construction on the Property at least thirty (30) days prior to Agency's commencement of
<br />construction to enable Lessor to post any notices Lessor deems desirable.
<br />7.2 Financing. Lessor represents and warrants that there are no liens or encumbrances
<br />affecting the Property other than as described in Section 4.5. Lessor covenants that during the
<br />Term of this Lease, Lessor shall not cause or permit any lien or encumbrance to be recorded
<br />against the Property without Agency's written consent, which Agency may withhold in the
<br />exercise of Agency's sole discretion.
<br />ARTICLE VIII
<br />INDEMNIFICATION AND INSURANCE
<br />8.1 A~encY's Indernnit~Agency shall indemnify, protect, defend and hold Lessor and
<br />Lessor's employees, agents and representatives harmless from and against all claims, liability,
<br />damage, or loss arising out of or attributable to (i) the breach of Agency's representations,
<br />warranties and covenants set forth in this Agreement, or (ii) any injury or death of any person or
<br />damage to or destruction of property attributable to the use of the Property by Agency during the
<br />Term, except that caused by the negligence or willful misconduct of Lessor or Lessor's agents,
<br />contractors, or employees. Lessor shall promptly give notice to Agency of any claim or demand.
<br />1137220-3 6
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