2007/02/07 Council Agenda Packet

• 5 22. TIME. Time is of the essence of this Lease. 23. HAZARDOUS MATERIAL. Lessee shall not cause or permit any Hazardous Material to be brought upon, kept, or used in or about the Premises by Lessee, employees, without the prior written consent of Lessor. Lessee's request for use of commercial products that may be considered Hazardous Materials shall include a listing of the products,their intended uses by Lessee, and the manufacturer's Material Safety Data Sheet for each product, as prepared in accordance with 29 CFR 1910.1200 (hazard communication). Lessee's request shall also include a statement that Lessee will handle, store, and dispose of the products in accordance with the manufacturers' Material Safety Data Sheets. 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 HazardousMaterialon 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 for actual damages resulting therefrom, then Lessee shall indemnify, and hold Lessor harmless from any 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) which arise during or after the lease term as a result of such contamination. This indemnification of Lessor 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_well Hazardous Material tothe Premises. -Provided, however,-Lessors-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 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 Iease: _24:_.___PRIORITY/ESTOPPEL CERTIFICATES. Lessee agrees to execute any subordination or estoppel certificates which maybe requested by Lessorwithinfifteen (15) 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. 1G 6