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T-Mobile Site ID:SE01845A Cascade HS North WT <br /> Market:PNW <br /> City of Everett Site ID:Olympic Tank <br /> value of the Included Property shall be documented by appropriate appraisals, financial statements <br /> or other business records prepared by an independent and qualified source. <br /> 10. CONDITION OF SITE: It is understood that Lessee has inspected the Site and <br /> takes it "AS IS" without any warranties or representations regarding fitness, condition or <br /> suitability. Lessor is not obligated by this Lease to make any changes, removals, or repairs of any <br /> kind. <br /> 11. NUISANCE: Lessee shall not permit the existence of any nuisance on the Site; <br /> shall keep its facilities in clean and safe condition and free of any explosive, flammable or <br /> combustible material which would increase the risk of fire, except such material necessary to <br /> Lessee's or any permitted sublessee's business; shall not handle or store any dangerous or <br /> potentially dangerous materials or any hazardous or toxic materials, as defined under state or <br /> federal laws; and shall not permit the accumulation of junk, noxious weeds, debris or other <br /> unsightly materials. Lessee shall,at its sole expense,keep the Lessee's portion of the Site and any <br /> improvements made by Lessee in good repair. <br /> 12. HAZARDOUS MATERIALS AND ENVIRONMENTAL COMPLIANCE: <br /> A. Definitions. "Hazardous Materials"as used in this Lease shall mean: <br /> i. Any toxic substances or waste, sewage, petroleum products, radioactive substances, <br /> heavy metals, medical, corrosive, noxious, acidic, bacteriological or disease-producing substances; <br /> or <br /> ii. Any dangerous waste or hazardous waste as defined in: <br /> a. Washington Hazardous Waste Management Act as now existing or hereafter <br /> amended(RCW Ch. 70.105);or <br /> b. Resource Conservation and Recovery Act as now existing or hereafter <br /> amended(42 U.S.C. Sec. 6901 et seq.);or <br /> iii. Any hazardous substance as defined in: <br /> a. Comprehensive Environmental Response, Compensation and Liability Act <br /> as now existing or hereafter amended(42 U.S.C. Sec.9601 et seq.);or <br /> b. Washington Model Toxics Control Act as now existing or hereafter amended <br /> (RCW Ch. 70.105D);or <br /> iv. Any pollutants,contaminants or substances posing a danger or threat to public health, <br /> safety or welfare or to the environment,which are regulated or controlled as such by any applicable <br /> federal, state or local laws or regulations as now existing or hereafter amended. <br /> B. Environmental Compliance. <br /> Page 6 of 21 <br />