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<br />by any federal, state or local governmental agency or political subdivision because of
<br />Hazardous Materials present in, on or under the Premises or adjacent property caused by or
<br />a result of Waste Management's activities; provided, however, where such investigation
<br />instigated at City's reasonable request concludes that no cleanup or remedial action is
<br />necessary such investigation shall be at City's sole cost and expense. This indemnification
<br />specifically excludes hazardous materials on the Premise as a result of a prior occupant. If
<br />any hazardous materials are discharged, released, dumped, or spilled on, under, or about the
<br />Premises after the Commencement Date resulting in any contamination of the Premises or
<br />adjacent property, or otherwise resulting in the release or discharge on, under or from the
<br />Premises of Hazardous Materials, Waste Management shall promptly take all actions as are
<br />reasonably necessary to return the Premises or adjacent property to the condition existing
<br />prior to such release or discharge; provided that City's approval of such actions shall first be
<br />obtained, which approval shall not be unreasonably withheld, conditioned or delayed so long
<br />as such actions would not potentially have any material adverse long-term orshort-term effect
<br />on the Premises or adjacent property, and will be performed in accordance with all Hazardous
<br />Materials Laws. Upon the termination of this Lease, Waste Management shall surrender the
<br />Premises to City in the condition existing as of the Lease Commencement Date subject to
<br />improvements constructed thereon. This indemnification shall survive the termination or
<br />expiration of this Lease.
<br />(c) For the purpose of this Section, the term "Hazardous Materials" includes, without limitation,
<br />any flammable explosives, radioactive materials, hazardous materials, hazardous wastes,
<br />hazardous or toxic substances, or related materials defined in the Comprehensive
<br />Environmental Response Compensation and Liability Act of 1980, as amended (42 U.S.C.
<br />Section 9601 et seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C.
<br />Section 1801 et seq.), the Resource Conservation and Recovery Act of 1976, as amended
<br />(42 U.S.C. Section 6901 et seq.) Section 25117 of the California Health & Safety Code,
<br />Section 25316 of the California Health & Safety Code, and in the regulations adopted and
<br />publications promulgated pursuant to them, or any other federal, state, or local environmental
<br />laws, ordinances, rules, or regulations concerning the environment, industrial hygiene or
<br />public health or safety now in effect or enacted after this date.
<br />6.1.3 City's Right to Inspections. City shall have the right to enter upon the Premises in accordance
<br />with the conditions set forth in Section 4,3.1 throughout the Lease term for the purpose of
<br />inspecting the same and posting any notices required or permitted under California law.
<br />6.2 Intentionally Omitted.
<br />6.3 Repairs, Alteration, Reconstruction, Except as provided below, Waste Management shall promptly and
<br />diligently repair, restore and replace as required to maintain or comply in Section 6.1.1 above, or remedy all
<br />damage to or destruction of all or any part of the Premises and Improvements, if applicable. The completed
<br />work of maintenance, compliance, repair, restoration or replacement shall be equal in value, quality, and use to
<br />the condition of the improvements before the event giving rise to the work, except as expressly provided to the
<br />contrary in this Lease. City shall not be required to furnish any services or facilities, or to make any repairs or
<br />alterations of any kind in or on the Premises. City's election to perform any obligation of Waste Management
<br />622009-1
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