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to the assignee or sublessee as part of the assignment,sublease or other transfer. The value of the included <br /> property shall be documented by appropriate appraisals, financial statements or other business records <br /> prepared by an independent and qualified source. <br /> 10. CONDITION OF SITE: It is understood that Lessee has inspected the Site and takes it "AS <br /> IS" without any warranties or representations regarding fitness, condition or suitability. Lessor is not <br /> obligated by this Lease to make any changes, removals, or repairs of any kind. <br /> 11. NUISANCE: Lessee shall not permit the existence of any nuisance on the Site; shall keep <br /> the same in clean and safe condition and free of any explosive,flammable or combustible material which <br /> would increase the risk of fire, except such material necessary to Lessee's or any permitted sub-Lessee's <br /> business;shall not handle or store any dangerous or potentially dangerous materials or any hazardous or <br /> toxic materials, as defined under state or federal laws; and shall not permit the accumulation of junk, <br /> noxious weeds, debris or other unsightly materials. Lessee shall, at its sole expense, keep the Lessee's <br /> portion of the Site and any improvements in good repair. <br /> 12. HAZARDOUS MATERIALS AND ENVIRONMENTAL COMPLIANCE: <br /> A. Definitions. "Hazardous Materials"as used in this Lease shall mean: <br /> Any toxic substances or waste,sewage,petroleum products,radioactive substances, heavy <br /> metals, medical,corrosive,noxious,acidic, bacteriological or disease-producing substances;or <br /> ii. Any dangerous waste or hazardous waste as defined in: <br /> a. Washington Hazardous Waste Management Act as now existing or hereafter <br /> amended (RCW Ch.70.105);or <br /> b. Resource Conservation and Recovery Act as now existing or hereafter amended(42 <br /> U.S.C.Sec. 6901 et seq.);or <br /> iii. Any hazardous substance as defined in: <br /> a. Comprehensive Environmental Response, Compensation and Liability Act as now <br /> existing or hereafter amended (42 U.S.C.Sec.9601 et seq.);or <br /> b. Washington Model Toxics Control Act as now existing or hereafter amended(RCW <br /> Ch.70.105D);or <br /> iv. Any pollutants, contaminants or substances posing a danger or threat to public health, <br /> safety or welfare or to the environment,which are regulated or controlled as such by any applicable federal, <br /> state or local laws or regulations as now existing or hereafter amended. <br /> B. Environmental Compliance. <br /> In its use and occupancy of the Site,the Lessee shall,at the Lessee's own expense,comply <br /> with all federal, state and local laws and regulations now or hereafter in effect related to Hazardous <br /> Materials and the environment which are applicable to the Site, Lessee's business or any activity or <br /> condition on or about the Site ("the Environmental Laws"). The Lessee warrants that its business and all <br /> Page 6 of 16 <br />