2003/11/19 Council Agenda Packet

4 • Lessor shall not unreasonably withhold consent as long as Lessee demonstrates to Lessor's reasonable satisfaction that such Hazardous Material is necessary or useful to Lessee's business and will be used, kept, and stored in a manner that complies with all laws regulating any such Hazardous Material, brought upon or used or kept in or about the Premises. If Lessee breaches the obligation stated in the preceding paragraph, or if the presence of Hazardous Material on the Premises caused or permitted by Lessee results in contamination of the Premises, or if contamination of the Premises by Hazardous Material otherwise occurs for which Lessee is legally liable to Lessor and/or the EPFD for damage resulting therefrom, then Lessee shall indemnify, defend, and hold Lessor and the EPFD harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Premises, damages arising from any adverse impact on marketing of space, and sums paid in settlement of claims, attorneys' fees, consultant fees, and expert fees) which arise during or after the Lease term as a result of such contamination. This indemnification of Lessor and the EPFD by Lessee includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal, or restoration work required by any federal, state. or local governmental agency or political subdivision because of Hazardous Material present in the soil or groundwater on or under the Premises. Without limiting the previous portions of this Section. if the presence of any Hazardous Material on the Premises caused or permitted by Lessee results in any contamination of the premises. Lessee shall promptly take all actions at its sole expense as are necessary to return the Premises to the condition existing prior to the introduction of any such Hazardous Material to the Premises. Provided, however, Lessor's approval of such actions shall first be obtained. Lessor's approval shall not unreasonably be withheld so long as such actions would not potentially have 4111 any material adverse long-term or short-term effect on the Premises. If the Lessee spills. releases, or disposes of any Hazardous Material in the Premises, Lessor may, at Lessor's sole option, declare Lessee in default. As used herein, the term "Hazardous Material" means any hazardous or toxic substance. material, or waste. which is or becomes regulated by any local governmental authority, the State of Washington, or the United States Government. All portions of this Hazardous Material Section shall survive the expiration or early termination of this Lease. 30. PRIORITY/ESTOPPEL CERTIFICATES. Lessee agrees to execute any subordination or estoppel certificates which may be requested by Lessor within fifteen (1 5) days of their submission to Lessee. If the subordination or estoppel certificate notes or describes any outstanding dispute between the Lessor and Lessee, the certificate will not act as a waiver of the outstanding. dispute. 31. NO BROKERS. Lessor and Lessee warrant to one another that neither has engaged a broker in connection with this Lease and agree to indemnify the other if a claim for a fee or commission arises in connection with this transaction as a result of such indemnifying parties' activities. 32. INSPECTION AND RIGHT-OF-ENTRY. Lessor and its agents shall have the right, but not the duty, to inspect the Premises at any time to determine whether Lessee is • complying with the terms of this Lease. If Lessee is not in compliance with this Lease. Lessor shall have the right. but not the duty. to immediately enter upon the Premises to remedy any violation caused by Lessee's failure to comply notwithstanding any other provision of this Lease. 25 8