RDA Agmt 2001 Lavery California Dealership Properties No. 1 LLC

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caused by or a result of Tenant's activities. This indemnification specifically excludes hazardous materials on the Premises as a result of prior occupant.. If any hazardous materials are discharged, released, dumped, or spilled on, under, or about the Premises after the Commencement Date and results in any contamination of the Premises or adjacent property, or otherwise results in the release or discharge on, under or from the Premises of Hazardous Materials, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises or adjacent property to the condition existing prior to Tenant's occupation of the Premises; provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises or adjacent property, will not unreasonably interfere with the use and enjoyment of other portions of the Premises or adjacent property, and will be performed in accordance with all Hazardous Materials Laws. Upon the termination of this Lease, Tenant shall surrender the Premises to Landlord in the condition existing prior to Tenant's occupancy of the Premises. This indemnification shall survive the termination or expiration of this Lease. (c) For the purpose of this Section 6.1.2, the term "Hazardous Materials" includes, without limitation, any flammable explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. §9601 et seq..), the Hazardous Materials Transportation Act, as amended (49 U.S.C. §1801 et seq.), the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. §6901 et seq.), Section 25117 of the California Health &_ Safety Code, Section 25316 of the California Health Sz Safety Code, and in the regulations adopted -and publications promulgated pursuant to them, or any other federal, state, or local environmental laws, ordinances, rules, or regulations concerning the environment, industrial hygiene or public health or safety now in effect or enacted after this date. 6.1.3 Landlord's Right to Inspections. Landlord shall have the right to enter upon the Premises upon twenty four (24) hours notice to Tenant throughout the Lease term for the purpose of inspecting the same and posting any notices required or permitted under California law. 6.2 Duty to Maintain Premises. Tenant shall maintain the Premises and Improvements in a neat, clean and orderly manner. Tenant shall regularly remove any and all litter, debris, or garbage located on the Premises. Automall Read Board Sign - Ground Lease Final 5/07/97 Page 8 of 22