|
limitation, costs incurred in connection with any investigation of site conditions or any clean-up,
<br /> remedial, removal, or restoration work required by any federal, state, or local governmental
<br /> agency or political subdivision because of Hazardous Materials present in the soil or groundwater
<br /> on or under the Leased Premises or the Building.
<br /> (c) "Hazardous
<br /> Hazardous Materials" means any waste, pollutant, contaminant,
<br /> chemical, petroleum product, pesticide, fertilizer, substance, or material that is defined,
<br /> classified, or designated as hazardous, toxic, radioactive, dangerous, or other comparable term
<br /> or category under any Environmental Laws (as defined below), including, but not limited to,
<br /> gasoline, oil or any byproducts or fractions thereof, polychlorinated biphenyls, per- and
<br /> polyfluoroalkyl substances, asbestos, paints, solvents, lead, cyanide, radioactive material, or any
<br /> other materials which have adverse effects on the environment or the health and safety of
<br /> persons.
<br /> (d) "Environmental Laws" means all federal, state, and local laws, statutes,
<br /> rules, regulations, ordinances, and codes, and any judicial or administrative interpretation
<br /> thereof or requirement thereunder, now or hereafter in effect, relating, to the regulation or
<br /> protection of human health, safety, the environment and natural resources, including without
<br /> limitation, the Comprehensive Environmental Response, Compensation, and Liability Act (42
<br /> U.S.C. §§ 9601 et seq.),the Hazardous Substances Transportation Act (49 U.S.C. §§ 5101 et seq.),
<br /> the Clean Air Act (42 U.S.C. §§ 7401 et seq.),the Clean Water Act (33 U.S.C. §§ 1251 et seq.),the
<br /> Solid Waste Disposal Act (42 U.S.C. §§ 6901 et seq.), the Resource Conservation and Recovery
<br /> Act (42 U.S.C. §§ 6901 et seq.), the Toxic Substances Control Act (15 U.S.C. §§ 2601 et seq.), the
<br /> Emergency Planning and Community Right-To-Know Act (42 U.S.C. §§ 11001 et seq.), and any
<br /> similar or comparable state or local laws, including without limitation,the Model Toxics Control
<br /> Act(Chapter 70A.030 RCW,formerly codified at Chapter 70.105D RCW)and the Hazardous Waste
<br /> Management Act (Chapter 70A.029 RCW, formerly codified at Chapter 70.105 RCW).
<br /> (e) All portions of this Section 21 shall survive the expiration or termination of
<br /> this Lease.
<br /> 22. NOT USED.
<br /> 23. MISCELLANEOUS
<br /> (a) No Brokers. Landlord and Tenant warrant to one another that neither has
<br /> engaged a broker in connection with this Lease and agree to indemnify the other if a claim for a
<br /> fee or commission arises in connection with this transaction as a result of such indemnifying
<br /> parties' activities.
<br /> (b) Not Used.
<br /> (c) Estoppel Certificates. Tenant shall, at any time, on not less than ten (10)
<br /> days prior written notice from Landlord, sign and deliver to Landlord a statement in writing
<br /> 15
<br />
|