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23. LEASE TAX. The possessory interest of Lessee in the Premises herein leased is
<br /> subject to taxation under the laws of the State of Washington(Ch. 61, 1975-1976 Laws,2d Ex.
<br /> Sess., as amended)at the present rate of twelve point eighty four percent(12.84%),or as may be
<br /> amended by Washington State legislation,of the taxable rent to be paid to the Lessor monthly
<br /> under the terms of this lease. This tax is included in the monthly rent required above and Lessor
<br /> agrees to pay over to the State Department of Revenue the aforesaid leasehold excise tax in
<br /> accordance with the statutes governing same.
<br /> 24. RECORDING. Lessee and Lessor agrees that Lessor,at its sole option and at any
<br /> time prior to the expiration of this lease,may file same or a Memorandum Form thereof for
<br /> recording with the Director,Records and Elections, Snohomish County,Washington. If a
<br /> Memorandum Form of the lease is filed for recording,Lessee agrees to execute and return same
<br /> promptly upon receipt from Lessor.
<br /> 25. TIME. Time is of the essence of this agreement.
<br /> 26. HAZARDOUS MATERIAL. Lessee shall not cause or knowingly permit any
<br /> Hazardous Material to be brought upon,kept,or used in or about the Premises by Lessee,its
<br /> agents, employees, contractors,or invitees,without the prior written consent of Lessor. Lessee's
<br /> request for use of commercial products that may be considered Hazardous Materials shall
<br /> include a listing of the products,their intended uses by Lessee,and the manufacturer's Material
<br /> Safety Data Sheet for each product,as prepared in accordance with 29 CFR 1910.1200(hazard
<br /> communication). Lessee's request shall also include a statement that Lessee will handle, store,
<br /> and dispose of the products in accordance with the manufacturers'Material Safety Data Sheets.
<br /> Lessor shall not unreasonably withhold consent as long as Lessee demonstrates to Lessor's
<br /> reasonable satisfaction that such Hazardous Material is necessary or useful to Lessee's business
<br /> and will be used,kept,and stored in a manner that complies with all laws regulating any such
<br /> Hazardous Material,brought upon or used or kept in or about the Premises.
<br /> If Lessee breaches the obligation stated in the preceding paragraph,or if the presence of
<br /> Hazardous Material on the Premises caused or permitted by Lessee results in contamination of
<br /> the Premises,or if contamination of the Premises by Hazardous Material otherwise occurs for
<br /> which Lessee is legally liable to Lessor for damage resulting therefrom,then Lessee shall
<br /> indemnify, defend,and hold Lessor harmless from any and all claims,judgments,damages,
<br /> penalties,fines,costs, liabilities,or losses(including,without limitation,diminution in value of
<br /> the Premises,damages arising from any adverse impact on marketing of space, and sums paid in
<br /> settlement of claims,attorneys'fees,consultant fees,and expert fees)which arise during or after
<br /> the lease term as a result of such contamination. This indemnification of Lessor by Lessee
<br /> includes,without limitation, costs incurred in connection with any investigation of site
<br /> conditions or any clean-up,remedial,removal,or restoration work required by any federal,state,
<br /> or local governmental agency or political subdivision because of Hazardous Material present in
<br /> the soil or groundwater on or under the Premises.
<br /> Without limiting the previous portions of this Section,if the presence of any Hazardous
<br /> Material on the Premises caused or permitted by Lessee results in any contamination of the
<br /> premises,Lessee shall promptly take all actions at its sole expense as are necessary to return the
<br /> Premises to the condition existing prior to the introduction of any such Hazardous Material to the
<br /> Premises. Provided,however,Lessor's approval of such actions shall first be obtained. Lessor's
<br /> approval shall not unreasonably be withheld so long as such actions would not potentially have
<br /> any material adverse long-term or short-term effect on the Premises.
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