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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.
<br /> If the Lessee spills, releases, or disposes of any Hazardous Material at the Premises,
<br /> Lessor may, at Lessor's sole option, declare Lessee in default.
<br /> As used herein, the term "Hazardous Material" means any hazardous or toxic substance,
<br /> material, or waste which is or becomes regulated by any local governmental authority, the State
<br /> of Washington, or the United States Government.
<br /> All portions of this Hazardous Material Section shall survive the expiration or early
<br /> termination of this lease.
<br /> 27. PRIORITY/ESTOPPEL CERTIFICATES. Lessee agrees to execute any
<br /> subordination or estoppel certificates which may be requested by Lessor within fifteen (15) days
<br /> of their submission to Lessee. If the subordination or estoppel certificate notes or describes any
<br /> outstanding dispute between the Lessor and Lessee,the certificate will not act as a waiver of the
<br /> outstanding dispute.
<br /> 28. NO BROKERS. Lessor warrants to Lessee that Lessor has not engaged a broker in
<br /> connection with this Lease. Lessee agrees to indemnify the Lessor if a claim for a fee or
<br /> commission arises in connection with this transaction as a result of Lessee's engagement of a
<br /> broker in connection with this Lease.
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