|
claims, demands, actions, suits, judgments, costs, expenses and disbursements (including,
<br /> without limitation, diminution in value of the Leased Premises or the Building, damages arising
<br /> from any adverse impact on marketing of space,and sums paid in settlement of claims,attorneys'
<br /> fees, consultant fees, and expert fees) which arise during or after the Term as a result of such
<br /> contamination or damage. This indemnification of Landlord by Tenant includes, without
<br /> limitation, costs incurred in connection with any investigation of site conditions or any clean-up,
<br /> 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.
<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. RELOCATION. Landlord reserves the right to relocate Tenant from the Leased
<br /> Premises into other premises within the Building owned by Landlord similar in size and
<br /> convenience to the Leased Premises. If Landlord elects to so relocate Tenant, Landlord shall
<br /> deliver written notice to Tenant at least forty-five (45) days in advance of the relocation date.
<br /> Upon relocation, this Lease shall be amended by substituting the description of the relocated
<br /> premises and all rights of Tenant to the original Leased Premises shall cease. Landlord shall
<br /> reimburse Tenant for the actual, reasonable out-of-pocket costs incurred in (a) moving into the
<br /> new location, (b) relocating telecommunication facilities and other electronic installations and
<br /> (c) reprinting stationery, business cards and similar Tenant forms and supplies.
<br /> 23. MISCELLANEOUS
<br /> 14
<br />
|