|
(a) No Hazardous Materials. Tenant shall not cause or permit any storage,
<br /> use, sale, release, generation or disposal of any Hazardous Materials (as defined below) in, on or
<br /> about the Leased Premises or the Building; provided, however,Tenant shall be permitted without
<br /> notice or Landlord's written consent to handle, store, use or dispose of products containing small
<br /> quantities of Hazardous Materials, such as ordinary cleaning and ordinary maintenance products
<br /> used by Tenant for cleaning and maintenance in the reasonable and prudent conduct of the
<br /> Approved Use on the Leased Premises. Tenant further covenants and agrees that at all times
<br /> during the Term of this Lease, Tenant shall comply with all applicable Environmental Laws (as
<br /> defined below), now or hereafter in effect, regulating Tenant's occupation and/or operation
<br /> and/or use of the Leased Premises or any other portion of the Building. Prior to the expiration
<br /> or termination of this Lease or such earlier time as may be required by Landlord or applicable
<br /> law, Tenant shall, at Tenant's sole cost and expense and in accordance with all Environmental
<br /> Laws and after obtaining Landlord's written consent which may be subject to such conditions as
<br /> Landlord deems necessary, (i) remove from the Leased Premises and the Building any and all
<br /> Hazardous Materials which Tenant, its employees, agents, contractors and/or sublessees, or
<br /> invitees have used, sold, released, generated or disposed of in, on or about the Leased Premises
<br /> or the Building and (ii) restore the Leased Premises and the Building to their condition existing
<br /> prior to the appearance of such use, sale, release, generation or disposal of Hazardous Materials.
<br /> (b) "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 /> (c) "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 /> (d) All portions of this Section 21 shall survive the expiration or termination of
<br /> this Lease.
<br /> 11
<br />
|