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HAZARDOUS SUBSTANCES Lessee hereby agrees as follows:
<br />(a) Lessee hereby agrees to assume and be responsible for all costs and expenses of every
<br />kind relating to hazardous substances on or beneath the Leased Premises, which
<br />contamination occurs (i) during Lessee's possession of the Leased Premises through
<br />the term of this Lease, including any extension thereof (excepting any contamination
<br />caused by the negligent or intentional acts of Lessor or Lessor's agents, employees or
<br />invitees), and (ii) as a result of Lessee's use of the Leased Premises, including but not
<br />limited to compliance with all permit and reporting requirements and remediation of
<br />all such contamination in accordance with all applicable laws and investigations,
<br />claims, lawsuits, proceedings, citations, cease and desist orders, abatement orders or
<br />other actions or orders of any kind against the Leased Premises and /or the Lessor
<br />and /or the Lessee whether by any private party or any administrative, judicial or
<br />quasi-judicial board, court or agency having jurisdiction of the Leased Premises,
<br />Lessor or Lessee.
<br />(b) Lessee hereby agrees to indemnify, defend and hold harmless Lessor, its officers,
<br />employees, attorneys, agents, successors and assigns to the fullest extent of the law
<br />from and against any and all response costs, losses, claims, demands, causes of
<br />action, lawsuits, proceedings, enforcement actions, obligations and liabilities of any
<br />kind arising out of Lessee's occupation and use of the Leased Premises and the
<br />presence of hazardous substances, which contamination occurs (i) during the Lessee's
<br />possession through the term of this Lease, including any extension thereof (excepting
<br />any contamination caused by the negligent or intentional acts of Lessor or Lessor's
<br />agents, employees or invitees), and (ii) as a result of Lessee's use of the Leased
<br />Premises, including without limitation any amounts which Lessor is called upon to
<br />pay in costs, expenses, and attorney's fees in defending or protecting its interests.
<br />(c) As used herein, the term "Hazardous Substances" shall mean: 1. any substances
<br />defined, regulated or listed (directly or by reference) as "hazardous substances,"
<br />"hazardous materials," "hazardous wastes," "toxic waste," "pollutant" or "toxic
<br />substances" or similarly identified as hazardous to human health or the environment,
<br />in or pursuant to (i) the Comprehensive Environmental Response, Compensation and
<br />Liability Act of 1980, 42 U.S.C. sections 9601 et seq ( "CERCLA "); (ii) the
<br />Hazardous Materials Transportation Act, 49 U.S.C. sections 1802 et seq.; (iii) the
<br />Resource Conservation and Recovery Act, 42 U.S.C. section 6901 et seq.; (iv) the
<br />Clean Water Act, 33 U.S.C. sections 1251 et seq.; (v) California Health and Safety
<br />Code sections 25225- 25117, 25249.5, 25249.8, 25281, and 25316; and (vi) the Clean
<br />Air Act, 42 U.S.C. sections 7901 et seq.; and (vii) California Water Code section
<br />13050; 2. any amendments to such enumerated statutes or acts; and 3, any other
<br />hazardous or toxic substance, material, chemical, waste or pollutant identified as
<br />hazardous or toxic or regulated under any other applicable federal, state or local
<br />environmental laws, including without limitation, friable asbestos, polychlorinated
<br />biphenyls ( "PCBs "), petroleum, natural gas and synthetic fuel products and by-
<br />products.
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