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<br />4.2 Nuisance; Waste. Tenant shall not maintain, commit, or permit the maintenance or
<br />commission of any nuisance as now or hereafter defined by any statutory or decisional law applicable
<br />to the Premises and Improvements or any part thereof. Tenant shall not commit or allow to be
<br />committed any waste in or upon the Premises or Improvements and shall keep the Premises and the
<br />Improvements thereon in good condition, repair and appearance.
<br />4.3 Compliance with Laws. Tenant shall not use or permit the Premises or the
<br />Improvements or any portion thereof to be used in any manner or for any purpose that violates any
<br />applicable Laws. Tenant shall have the right to contest, in good faith, any such Laws, and to delay
<br />compliance with such Laws during the pendency of such contest (so long as there is no material
<br />threat to life, health or safety that is not mitigated by Tenant to the satisfaction of the applicable
<br />authorities). Lessor may cooperate with Tenant in all reasonable respects in such contest, including
<br />joining with Tenant in any such contest if County and/or Agency's joinder is required in order to
<br />maintain such contest; provide, however, that any such contest shall be without cost to Lessor, and
<br />Tenant shall indemnify, defend (with attorneys acceptable to Lessor), and hold harmless the Lessor
<br />from any and all claims, liabilities, losses, damages, or actions of any kind and nature, including
<br />reasonable attorneys' fees, arising or related to Tenant's failure to observe or comply with the
<br />contested Law during the pendency of the contest.
<br />4.4 Hazardous Materials.
<br />4.4.1. Definition of Hazardous Materials. For purposes of this Lease, the term
<br />"Hazardous Material" or "Hazardous Materials" shall mean any hazardous or toxic substance,
<br />material, product, byproduct, or waste, which is or shall become regulated by any governmental
<br />entity, including, without limitation, the County and/or Agency acting in their governmental
<br />capacity, the State of California or the United States government.
<br />4.4.2. Use of Hazardous Materials. Except for those Hazardous Materials which
<br />are customarily used in connection with the construction, operation, maintenance and repair of the
<br />Improvements or used in connection with any permitted use of the Premises and Improvements under
<br />this Lease (which Hazardous Materials shall be used in compliance with all applicable Laws), Tenant
<br />or Tenant's employees, agents, independent contractors or invitees (collectively "Tenant Parties")
<br />shall not cause or permit any Hazardous Materials to be brought upon, stored, kept, used, generated,
<br />released into the environment or disposed of on, under, from or about the Premises (which for
<br />purposes of this Section shall include the subsurface soil and ground water).
<br />4.4.3. Tenant Obligations. If the presence of any Hazardous Materials on, under or
<br />about the Premises caused or permitted by Tenant or Tenant Parties, and excluding Hazardous
<br />Materials existing on the Premises prior to the Effective Date (the "Existing Hazardous
<br />Materials"), results in (i) injury to any person, (ii) injury to or contamination of the Premises (or a
<br />portion thereof), or (iii) injury to or contamination or any real or personal property wherever situated,
<br />Tenant, at its sole cost and expense, shall promptly take all actions necessary or appropriate to return
<br />the Premises to the condition existing prior to the introduction of such Hazardous Materials to the
<br />Premises and to remedy or repair any such injury or contamination. Without limiting any other rights
<br />or remedies of County or Agency under this Lease, Tenant shall pay the cost of any cleanup or
<br />remedial work performed on, under, or about the Premises as required by this Lease or by applicable
<br />Laws in connection with the removal, disposal, neutralization or other treatment of such Hazardous
<br />Materials caused or permitted by Tenant or Tenant Parties, excluding the Existing Hazardous
<br />Materials. Notwithstanding the foregoing, Tenant shall not take any remedial action in response to
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