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<br /> Lease No. SRL 01-0132 October 18,2002 Page 6 of 11
<br /> HAZARDOUS SUBSTANCES
<br /> 20. Lessor warrants to his/her knowledge that no hazardous substance, toxic waste, or other toxic
<br /> substance has been produced,disposed of,or is or has been kept on the Premises hereby leased which if found on the
<br /> property would subject the owner or user to any damages, penalty, or liability under an applicable local, state or
<br /> federal law or regulation. Lessee acknowledges that Lessor encountered some contaminated soils during
<br /> construction of the Building as referenced in the State of Washington's Department of Ecology letter to the City
<br /> dated April 20, 1998. Lessor represents that it remedied such contaminated soils as required by existing law.
<br /> Lessor shall indemnify and hold harmless the Lessee with respect to any and all damages, costs, attorneys'
<br /> fees, and penalties arising from the presence of any hazardous or toxic substances on the Premises, except for such
<br /> substances as may be placed on the Premises by the Lessee.
<br /> Lessee shall not keep upon or about the Premises for use, disposal, treatment, generation, storage,
<br /> demonstration or sale any substances that are hazardous, toxic harmful or dangerous, and/or which are subject to
<br /> regulation as hazardous or toxic,dangerous,or as a pollutant by any federal, state, or local law,regulation, statute, or
<br /> ordinance (collectively referred to as"hazardous substances"). Lessee shall be responsible for any and all damages,
<br /> costs. fees (including attorney's fees and costs), civil and criminal penalties, or clean-up costs assessed against or
<br /> imposed as a result of Lessee's use. disposal, generation, storage, demonstration or sale of hazardous substances or
<br /> that of Lessee's employees,agents or invitees. Breach of this provision shall entitle Lessor to terminate this Lease.
<br /> WITHHOLDING OF RENT PAYMENTS
<br /> 21. If the Lessor fails to maintain, repair and/or improve the Premises as set forth herein, the Lessee
<br /> may, if authorized by the Department of General Administration, withhold ten percent (10%) of rent payments until
<br /> such time as Lessor completes deficient maintenance, repair and/or improvements. Upon receipt of documentation
<br /> of Lessor's noncompliance with maintenance, repair and/or improvement provisions and a written request to
<br /> withhold rent payments from the Lessee, the Department of General Administration shall provide Lessor with a list
<br /> of deficient maintenance, repair and/or improvement items and notify Lessor that Lessee has been authorized to
<br /> withhold rent payment until deficient maintenance, repair and/or improvements have been completed. Lessee shall
<br /> place all withheld rent payments in an interest bearing account. Withheld rent payments plus accrued interest will be
<br /> remitted to Lessor after the Depai tment of General Administration verifies that Lessor has satisfactorily completed
<br /> all maintenance, repair and/or improvements and authorizes Lessee to remit the withheld rent. Nothing in this
<br /> provision shall limit other remedies which may be available to Lessee under this lease.
<br /> DATE COMPLIANCE
<br /> 22. All building systems controls which are rime or date sensitive shall operate correctly with dates in
<br /> the 20`x' or 21st century, so that the functions, calculations, and other computing processes of the systems controls
<br /> perform in a consistent manner regardless of the date in time on which the systems controls are actually performed
<br /> and regardless of the Date Data input to the systems controls, whether before, during or after the year 2000, and
<br /> whether or not the Date Data is affected by leap years.
<br /> "Date Data" means any data, formula, algorithm, process, input or output which includes. calculates, or
<br /> represents a date,a reference to a date,or a representation of a date;including,but not limited to the following:
<br /> a) No value for current date will cause any interruption in operation. Current date means today's date
<br /> as known to the equipment or product.
<br /> b) Date-based functionality will behave consistently for dates prior to, during, and
<br /> after year 2000.
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