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be located in, on, under or about the Property or that has been, are being or threaten to be Released into <br />the environment, and to clean up, remove, contain, treat, stabilize, monitor or otherwise control such <br />Hazardous Material. <br />(iv) "Release" when used with respect to Hazardous Material shall include any <br />actual or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, <br />leaching, dumping, or disposing into or inside the Premises, or in, on, under or about any other part of the <br />Property or into the environment. <br />B. No Hazardous Materials: Tenant covenants and agrees that neither Tenant nor <br />any of its Agents or Invitees shall cause or permit any Hazardous Material to be brought upon, kept, used, <br />stored, generated or disposed of in, on or about the Property, or transported to or from the Property, with <br />the sole exception that Tenant may keep and use such substances in the Premises in such reasonably <br />limited amounts as are customarily used for the lawful purposes for which this Lease is made so long as <br />such storage, use, are in compliance with all applicable Environmental Laws at all times. Tenant shall give <br />immediate written notice to Landlord of: (a) any action, proceeding or inquiry by any governmental authority <br />(including, without limitation, the California State Department of Health Services, the State or any Regional <br />Water Quality Control Board, the Bay Area Air Quality Management district or any local governmental <br />entity) against Tenant with respect to the presence or Release or suspected presence or Release of <br />Hazardous Material on the Premises, Building or Property or the migration thereof from or to other property; <br />(b) all demands or claims made or threatened by any third party against Tenant or the Premises, Building <br />or Property relating to any loss or injury resulting from any Hazardous Materials: (c) any Release of <br />Hazardous Material on or about the Premises or any other part of the Property has occurred that may <br />require any Investigation or Remediation; and (d) all matters of which Tenant is required to give notice <br />pursuant to Section 25359.7 of the California Health and Safety Code. <br />C. Tenant's Environmental Indemnity: If Tenant breaches any of its obligations <br />contained in this Section, or, if any act or omission of Tenant, its Agents or Invitees, results in any Release <br />of Hazardous Material in, on, under or about the Premises or any other part of the Property in violation of <br />any applicable Environmental Laws, then, without limiting Tenant's Indemnity obligations, Tenant shall, on <br />behalf of itself and its successors and assigns, Indemnify the Indemnified Parties, and each of them, from <br />and against all Claims (including, without limitation, damages for decrease in value of the Premises or the <br />Property, the loss or restriction of the use of rentable or usable space or of any amenity of the Premises or <br />the Property and sums paid in settlement of claims, attorneys' fees, consultants' fees and experts' fees and <br />costs) arising during or after the Term of this Lease and relating to such Release. The foregoing Indemnity <br />includes, without limitation, costs incurred in connection with activities undertaken to Investigate and <br />Remediate Hazardous Material and to restore the Property to its prior condition, fines and penalties <br />assessed for the violation of any applicable Environmental Laws, and any natural resource damages. <br />Without limiting the foregoing, if Tenant or any of its Agents or Invitees, causes or permits the Release of <br />any Hazardous Materials in, on, under or about the Premises or any other part of the Property, Tenant shall <br />immediately and at no expense to Landlord take any and all appropriate actions to return the Premises or <br />the Property affected thereby to the condition existing prior to such Release and otherwise Investigate and <br />Remediate the Release in accordance with all Environmental Laws. Tenant specifically acknowledges and <br />agrees that it has an immediate and independent obligation to defend Landlord from any claim which <br />actually or potentially falls within this indemnity provision even if such allegation is or may be groundless, <br />fraudulent or false, which obligation arises at the time such claim is tendered to Tenant by Landlord and <br />continues at all times thereafter. Tenant shall afford Landlord a full opportunity to participate in any <br />14 <br />