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13 <br /> b. Washington Model Toxics Control Act as now existing or hereafter <br /> amended(RCW Ch. 70.105D); or <br /> iv. Any pollutants, contaminants or substances posing a danger or threat to public <br /> health, safety or welfare or to the environment, which are regulated or controlled as such by any <br /> applicable federal, state or local laws or regulations as now existing or hereafter amended. <br /> B. Environmental Compliance. <br /> i. In its use and occupancy of the Site including the Tower, the Lessee shall, at the <br /> Lessee's own expense, comply with all federal, state and local laws and regulations now or <br /> hereafter in effect related to Hazardous Materials and the environment which are applicable to <br /> the Site, Lessee's business or any activity or condition on or about the Site ("the Environmental <br /> Laws"). The Lessee warrants that its business and all its activities to be conducted or performed <br /> in, on or about the Site including the Tower shall comply with all of the Environmental Laws. <br /> The Lessee agrees to change, reduce or stop any non-complying activity or install necessary <br /> equipment, safety devices, pollution control systems or other installations as may be necessary at <br /> any time during the term of this Lease to comply with the Environmental Laws. <br /> ii. The Lessee shall not,without first obtaining the Lessor's prior written approval,use, <br /> generate, release, handle, spill, store, treat, deposit, transport, sell or dispose of any Hazardous <br /> Materials in, on or about the Site or the Tower. In the event, and only in the event, that the Lessor <br /> approves any of the foregoing, the Lessee agrees that such activity shall occur safely and in <br /> compliance with the Environmental Laws. <br /> iii. The Lessee shall not cause or permit to occur any violation of the Environmental <br /> Laws on, under or about the Site or Tower, or arising from the Lessee's use or occupancy of the <br /> Site and Tower. <br /> iv. The Lessee shall, in a timely manner and at the Lessee's own expense, make all <br /> submissions to, provide all information required by and comply with all requirements of all <br /> governmental or regulatory authorities ("the Authorities" or "Authority") with jurisdiction under <br /> the Environmental Laws. If the Lessee fails to fulfill any duty imposed under this Section 12 <br /> within a reasonable time, the Lessor may do so; and in such case, the Lessee shall cooperate with <br /> the Lessor in order to prepare all documents the Lessor deems necessary or appropriate to <br /> determine the applicability of the Environmental Laws to the Site including the Tower and the <br /> Lessee's use or occupancy thereof, and for compliance with the Environmental Laws, and the <br /> Lessee shall execute all documents promptly upon the Lessor's request. No such action by the <br /> Lessor and no attempt made by the Lessor to mitigate damages shall constitute a waiver of any of <br /> the Lessee's obligations under this Section 12. <br /> v. Should any Authority demand that a cleanup or remediation plan be prepared and <br /> that a cleanup or remediation be undertaken because of any deposit, spill,discharge or other release <br /> of Hazardous Materials which occurs during the term of this Lease at or from the Site including the <br /> 89 Page 8of30 <br />