Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq.; the Federal Water
<br /> Pollution Control Act, 33 U.S.C. Section 1251, et seq.;the Clean Air Act,42 U.S.C. Section 7401,
<br /> et seq.; the Emergency Planning and Community Right-to-Know Act, 42 U.S.C. Section 11001,
<br /> et seq.;the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq.;the Occupational Safety
<br /> and Health Act, 29 U.S.C. Section 651 et seq.; or the Occupational Safety and Health Standards,
<br /> 25 C.F.R. 1910-1000 et seq.; the Model Toxics Control Act , RCW chapter 70.105D, and
<br /> regulations promulgated thereunder, all as amended to date and as amended hereafter; (b)
<br /> hazardous substance, hazardous waste, toxic substance, toxic waste or hazardous material, waste,
<br /> chemical or compound described in any other Environmental Laws; and (c) asbestos,
<br /> polychlorinated biphenyls, urea formaldehyde insulation, flammable or explosive or radioactive
<br /> materials, gasoline, oil,motor oil, waste oil,petroleum(including, without limitation, crude oil or
<br /> any component thereof), petroleum-based products,paints, solvents, lead, cyanide, DDT, printing
<br /> inks, acids,pesticides, ammonium compounds, and other regulated chemical products.
<br /> f. For the purposes of this Section and this Lease, "Environmental Laws" means any
<br /> and all federal, state and local laws, regulations, ordinances, codes and policies, and any and all
<br /> judicial or administrative interpretations thereof by governmental authorities, as now in effect or
<br /> hereinafter amended or enacted, relating to (i) pollution or protection of the environment, natural
<br /> resources or health and safety; including, without limitation, those regulating, relating to, or
<br /> imposing liability for emissions,discharges,releases or threatened releases of Hazardous Materials
<br /> into the environment, or otherwise relating to the manufacture, processing, distribution, use,
<br /> treatment, storage, disposal,release,transport or handling of Hazardous Materials; and(ii)the use
<br /> of chemical, electrical, radiological or nuclear processes, radiation, sophisticated electrical and/or
<br /> mechanical equipment, sonar and sound equipment, lasers, and laboratory analysis and materials.
<br /> g. The provisions of this Section shall survive the expiration or termination of this
<br /> Lease with respect to acts or events occurring prior thereto.
<br /> 14. Maintenance of Premises. Lessee shall, at its own expense, maintain the Premises
<br /> and the Community Solar Project in good order and condition. Lessee shall have sole
<br /> responsibility for the maintenance, repair, and security of the Community Solar Project.
<br /> 15. Quiet Enjoyment, Authority and Title.
<br /> a. Subject to subsection (d) below, Lessor has the full right, power, and authority
<br /> to execute this Lease.
<br /> b. Subject to subsection (d) below, Lessor has good and marketable title to the
<br /> Premises free and clear of any liens, restrictions and/or mortgages except those matters which are
<br /> of public record as of the Commencement Date.
<br /> c. Subject to subsection(d)below, Lessee shall have quiet enjoyment of the Premises
<br /> during the term of this Lease.
<br /> d. The Lessor is a party to the Project Agreement between Lessor and Interagency
<br /> Committee for Outdoor Recreation (predecessor to the Washington State Recreation and
<br /> Conservation Office ("RCO")) dated on or about June 30, 1971 (the "RCO Agreement"). The
<br /> Lessor has notified the Lessee that the RCO Agreement placed certain restrictions on the Lessor's
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