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permit or license issued to Lessee by the appropriate governmental authority. This notice shall
<br /> include a description of measures taken or proposed to be taken by Lessee to obtain and/or
<br /> remedy the release and any resulting damage to property, persons or the environment. At
<br /> Lessee's own expense, Lessee shall promptly take all steps necessary to contain and remedy any
<br /> release of Hazardous Substances by Lessee to or in the Premises, Regional Center or surrounding
<br /> environment, and all resultant damage or injury to property, persons and the environment. Upon
<br /> termination of this Lease, Lessee shall remove all of Lessee's Hazardous Substances and shall
<br /> decontaminate, decommission and sterilize all areas in the Premises and Regional Center in
<br /> which Lessee's Hazardous Substances were generated, stored, accumulated, released, or
<br /> otherwise present during the term of the Lease. Lessee shall indemnity, defend and hold Lessor
<br /> harmless from any and all claims, demands, damages, costs, fees,penalties, and charges asserted
<br /> against, imposed upon, and incurred by Lessor(including fees and costs of attorneys,
<br /> consultants, laboratory testing charges and personal injury claims) as a result of: (i) Lessee's
<br /> handling, use, generation, accumulation, storage, transportation, disposal, treatment and/or sale
<br /> of Hazardous Substances at the Premises or Regional Center; (ii) the release of any Hazardous
<br /> Substance on or at the Premises or Regional Center which is attributable to any act or omission
<br /> of Lessee, or its employees, agents, or invitees; (iii) Lessee's failure to comply with any
<br /> Environmental Laws; (iv) Lessee's failure to remove all of Lessee's Hazardous Substance or
<br /> decontaminate, decommission, or sterilize all areas in the Premises in which any of Lessee's
<br /> Hazardous Substances were generated, stored, handled, accumulated, released or otherwise
<br /> present during the Term of the Lease; and(v) Lessee's failure to comply with any other
<br /> requirement of this Section 8.6.
<br /> 8.6.2 As used in this Lease, a"Hazardous Substance" shall mean any
<br /> substance, waste or material that is or becomes designated as or contains components designated
<br /> as hazardous, dangerous, toxic, or harmful under any federal, state or local law, ordinance, rule,
<br /> regulation or requirement now or hereafter in effect pertaining to hazardous waste or
<br /> environmental protections, contamination or cleanup ("Environmental Laws").
<br /> ARTICLE 9
<br /> ASSIGNMENT AND SUBLETTING
<br /> Section 9.1 Limitations on Lessee's Right to Assign or Fully Sublet. Lessee shall
<br /> not have the right to assign its interest in this Lease. Subject to the terms and conditions of this
<br /> Lease, Lessee shall have the right to enter into management contracts, leases, use agreements,
<br /> licenses and concession agreements reasonably required in connection with the management,
<br /> operation and maintenance of the Regional Center, on terms and in such form as determined by
<br /> Lessee from time to time in Lessee's discretion (collectively, "Tenant Leases"). All Tenant
<br /> Leases shall be in writing and expressly state that the tenants' rights thereunder are subject to the
<br /> terms and conditions of this Lease. The permitted uses under such Tenant Leases shall not
<br /> conflict with the uses permitted under this Lease. At least once in every Lease Year, Lessee
<br /> shall provide Lessor with a rent roll listing as of such date all Tenant Leases and identifying the
<br /> tenants, spaces leased, licenses or concessions granted, terms and basic Rent, use rates or fees,
<br /> and specifying any arrearages in any payments, as applicable.
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<br /> GROUND LEASE COE--EPFD
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