|
•
<br />30. HAZARDOUS MATERIALS:
<br />A. Definitions: As used herein, the following terms shall have the
<br />meanings set forth below:
<br />(i) Environmental Laws shall mean any present or future
<br />federal, state, local or administrative law, rule, regulation, order or requirement relating
<br />to Hazardous Material (including, without limitation, its use, handling, transportation,
<br />production, disposal, discharge or storage), or to health and safety, industrial hygiene or
<br />the environment, including, without limitation, soil, air and groundwater conditions.
<br />(ii) "Hazardous Material' shall mean any material that, because
<br />of its quantity, concentration or physical or chemical characteristics, is at any time now
<br />or hereafter deemed by any federal, state or local governmental authority to pose a
<br />present or potential hazard to human health, welfare or safety or to the environment.
<br />Hazardous Material includes, without limitation, any material or substance defined as a
<br />hazardous substance, or pollutant or contaminant pursuant to the Comprehensive
<br />Environmental Response, Compensation and liability Act of 1980 (CERCLA, also
<br />commonly known as the Superfund law), as amended, (42 U.S.C. Sections 9601 et
<br />seq.) or pursuant to Section 25316 of the California Health & Safety Code; any
<br />hazardous waste listed pursuant to Section 25140 of the California Health & Safety
<br />Code; and petroleum, including crude oil or any fraction thereof, natural gas or natural
<br />gas liquids.
<br />(iii) "Investigate and Remediate" ("Investigation" and
<br />"Remediation") shall mean the undertaking of any activities to determine the nature and
<br />extent of Hazardous Material that may be located in, on, under or about the Property or
<br />that has been, are being or threaten to be Released into the environment, and to clean
<br />up, remove, contain, treat, stabilize, monitor or otherwise control such Hazardous
<br />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 the
<br />environment.
<br />B. NO HAZARDOUS MATERIALS: Landlord warrants that it knows of
<br />no hazardous materials upon, kept, used, stored, generated or disposed of in, on or
<br />about the Premises. Tenant covenants and agrees that neither Tenant nor any of its
<br />Agents or Invitees shall cause or permit any Hazardous Material to be brought upon,
<br />kept, used, stored, generated or disposed of in, on or about the Leased Premises or the
<br />Licensed Premises, or transported to or from said Premises, with the sole exception that
<br />Tenant may keep and use such substances in said Premises in such reasonably limited
<br />amounts as are customarily used for general home or office purposes (such as normal
<br />home or office cleaning supplies) so long as such storage or use, are in compliance with
<br />all applicable Environmental Laws at all times. Tenant shall give immediate written
<br />13
<br />
|