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22. RULES. Lessee agrees to abide by the rules and regulations governing the
<br /> operation of the building which may be made by Lessor from time to time, and will use
<br /> reasonable methods to induce customers, clients and all persons invited by Lessee into said
<br /> building to observe the same.
<br /> 23. LEASE TAX. The possessory interest of Lessee in the property 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 in addition to the monthly rent required above. Lessee
<br /> agrees to pay and the lessor agrees to collect and pay over to the State Department of Revenue
<br /> the aforesaid leasehold excise tax in accordance with the statutes governing same.
<br /> 24. RECORDING. Lessee agrees that Lessor, at its sole option, may file this lease or a
<br /> Memorandum Form thereof for recording with the Director, Records and Elections, Snohomish
<br /> County, Washington. If a Memorandum Form of the lease is filed for recording, Lessee agrees
<br /> to execute and return same 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 permit any Hazardous
<br /> Material to be brought upon, kept, or used in or about the Premises by Lessee, its agents,
<br /> employees, contractors, or invitees, without the prior written consent of Lessor. Lessee's request
<br /> for use of commercial products that may be considered Hazardous Materials shall include a
<br /> listing of the products,their intended uses by Lessee, and the manufacturer's Material Safety
<br /> 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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