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<br /> for so long as such control continues. For purposes of this definition, "control" shall mean
<br /> (i)the ownership,directly or indirectly,or at least fifty percent(50%)of either: (a)the voting
<br /> rights attached to issued voting shares; or (b) the power to elect fifty percent (50%) of the
<br /> directors of such entity, or(ii) the ability to direct the actions of the entity. Notwithstanding
<br /> the preceding, for purposes of this Lease, EchoStar Corporation and its direct and indirect
<br /> subsidiaries shall not be deemed to be "Affiliates" of Lessee unless after the Effective Date
<br /> any such entity qualifies as a direct or indirect subsidiary of DISH Network Corporation.
<br /> 14. CONDITION OF SITE: It is understood that Lessee has inspected the Site and accepts the
<br /> Site in as-is condition. Except as set forth herein, Lessee shall assume all risks in connection
<br /> with its access to the Site and the installation, operation, maintenance and removal of Lessee's
<br /> Equipment or any structural enhancement as may be permitted by the Lessor.
<br /> 15. NUISANCE: Lessee shall not permit the existence of any nuisance on the Site; shall keep the
<br /> same in clean and safe condition and free of any explosive, flammable or combustible material
<br /> which would increase the risk of fire, except such material necessary to Lessee's or any
<br /> permitted sub-Lessee's business; shall not handle or store any dangerous or potentially
<br /> dangerous materials or any hazardous or toxic materials,as defined under state or federal laws;
<br /> and shall not permit the accumulation of junk, noxious weeds, debris or other unsightly
<br /> materials. Lessee shall, at its sole expense, keep the Lessee's portion of the Site and any
<br /> improvements in good repair.
<br /> 16. HAZARDOUS MATERIALS; ENVIRONMENTAL COMPLIANCE AND
<br /> INDEMNIFICATION.
<br /> a. DEFINITION. "Hazardous Materials" as used in this Lease shall mean: (i) Any toxic
<br /> substances or waste, sewage, petroleum products, radioactive substances, heavy metals,
<br /> medical, corrosive, noxious, acidic, bacteriological, or disease-producing substances; or(ii)
<br /> any dangerous waste or hazardous waste as defined in Washington Hazardous Waste
<br /> Management Act as now existing or hereafter amended (Chapter 70A.300 RCW and
<br /> Chapter 173-303 WAC); or Resource Conservation and Recovery Act as now existing or
<br /> hereafter amended(42 U.S.C. Sec. 6901 et seq.); or(iii) any hazardous substance as defined
<br /> in Comprehensive Environmental Response, Compensation and Liability Act as now
<br /> existing or hereafter amended (42 U.S.C. Sec. 9601 et seq.); or Washington Model Toxics
<br /> Control Act as now existing or hereafter amended (Chapter 70A.305 RCW and Chapter
<br /> 173-340 WAC); or(iv) any pollutants, contaminants or substances posing a danger or threat
<br /> to public health, safety or welfare or to the environment, which are regulated or controlled
<br /> as such by any applicable federal, state or local laws or regulations as now existing or
<br /> hereafter amended. "Environmental Law(s)" means the Comprehensive Environmental
<br /> Response, Compensation, and Liability Act of 1980, 42 U.S.C. Sections 9601, et seq., the
<br /> Resource Conservation and Recovery Act of 1976, 42 U.S.C. Sections 6901, et seq., the
<br /> Toxic Substances Control Act, 15 U.S.C. Sections 2601, et seq., the Hazardous Materials
<br /> Transportation Act, 49 U.S.C. 5101, et seq., and the Clean Water Act, 33 U.S.C. Sections
<br /> 1251, et seq., Model Toxics Control Act (Chapter 70A.305 RCW and Chapter 173-340
<br /> WAC) ("MTCA"), Hazardous Waste Management Act (Chapter 70A.300 RCW and
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