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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. Landlord represents and warrants to Tenant,
<br /> as of the Effective Date of this Lease, that Landlord has no actual knowledge of non-compliance
<br /> of the Leased Premises or the Building with Environmental Laws; provided, that Tenant's sole
<br /> remedy for any breach by Landlord of such representation and warranty is that Landlord shall
<br /> cure such non-compliance to the extent necessary for Tenant's rights under this Lease to be not
<br /> materially affected by such non-compliance, subject to Landlord's determination in its sole
<br /> judgment that such cure can be completed by Landlord at reasonable cost; provided, further, if
<br /> Landlord so determines that such cure cannot be completed at reasonable cost, then Landlord
<br /> shall provide written notice thereof to Tenant (such notice, the "No Cure Notice"), in which case
<br /> Tenant's sole remedy is to terminate this Lease by providing written notice to Landlord within 30
<br /> days after receipt of the No Cure Notice.
<br /> (c) "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
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