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<br />(ii)“Hazardous Material” shall mean any material that,
<br />because of its quantity, concentration or physical or chemical characteristics, is at
<br />any time now or hereafter deemed by any federal, state or local governmental
<br />authority to pose a present or potential hazard to human health, welfare or safety or
<br />to the environment. Hazardous Material includes, without limitation, any material or
<br />substance defined as a hazardous substance, or pollutant or contaminant pursuant
<br />to the Comprehensive Environmental Response, Compensation and liability Act of
<br />1980 (CERCLA, also commonly known as the Superfund law), as amended,
<br />(42U.S.C. Sections 9601 et seq.) or pursuant to Section 25316 of the California
<br />Health & Safety Code; any hazardous waste listed pursuant to Section 25140 of the
<br />California Health & Safety Code; and petroleum,including crude oil or any fraction
<br />thereof, natural gas or natural gas liquids.
<br />(iii)“Investigate and Remediate” (“Investigation” and
<br />“Remediation”) shall mean the undertaking of any activities to determine the nature
<br />and extent of Hazardous Material that may be located in, on, under or about the
<br />Property or that has been, are being or threaten to be Released into the
<br />environment, and to clean up, remove, contain, treat, stabilize, monitor or otherwise
<br />control such Hazardous Material.
<br />(iv)“Release” when used with respect to Hazardous Material
<br />shall include any actual or imminent spilling, leaking, pumping, pouring, emitting,
<br />emptying, discharging, injecting, escaping, leaching, dumping, or disposing into or
<br />inside the Premises, or in, on, under or about any other part of the Property or into
<br />the environment.
<br />B.NO HAZARDOUS MATERIALS: Tenant covenants and agrees
<br />that neither Tenant nor any of its Agents or Invitees shall cause or permit any
<br />Hazardous Material to be brought upon, kept, used, stored, generated or disposed
<br />of in, on or about the Premises, or transported to or from the Premises, with the sole
<br />exception that Tenant may keep and use such substances in the Premises in such
<br />reasonably limited amounts as are customarily used for general office purposes
<br />(such as copy toner and other normal office and cleaning supplies) so long as such
<br />storage oruseare in compliance with all applicable Environmental Laws at all times.
<br />Tenant shall give immediate written notice to Landlord of: (a) any action, proceeding
<br />or inquiry by any governmental authority (including, without limitation, the California
<br />State Department of Health Services, the State or any Regional Water Quality
<br />Control Board, the Bay Area Air Quality Management District or any local
<br />governmental entity) against Tenant with respect to the presence or Release or
<br />suspected presence or Release of Hazardous Material on the Premises, Building or
<br />Property or the migration thereof from or to other property; (b) all demands or claims
<br />made or threatened by any third party against Tenant or the Premises,Building or
<br />Property relating to any loss or injury resulting from any Hazardous Materials: (c)
<br />any Release of Hazardous Material on or about the Premises or any other part of
<br />the Property has occurred that may require any Investigation or Remediation; and
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