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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,
<br />including joining with Tenant in any such contest if Lessor's joinder is required in order to
<br />maintain such contest; provided, however, that any such contest shall be without cost to Lessor,
<br />and Tenant shall indemnify, defend (with attorneys acceptable to Lessor), and hold harmless the
<br />Lessor from any and all claims, liabilities, losses, damages, or actions of any kind and nature,
<br />including reasonable attorneys' fees, arising or related to Tenant's failure to observe or comply
<br />with the 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 Lessor acting in its governmental capacity, the State of
<br />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 />hnprovements or used in connection with any permitted use of the Premises and hnprovements
<br />under this Lease (which Hazardous Materials shall be used in compliance with all applicable
<br />Laws), Tenant or Tenant's employees, agents, independent contractors or invitees (collectively
<br />"Tenant Parties") shall not cause or permit any Hazardous Materials to be brought upon, stored,
<br />kept, used, generated, released into the environment or disposed of on, under, from or about the
<br />Premises (which for 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
<br />or 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
<br />a portion thereof), or (iii) injury to or contamination or any real or personal property wherever
<br />situated, Tenant, at its sole cost and expense, shall promptly take all actions necessary or
<br />appropriate to return the Premises to the condition existing prior to the introduction of such
<br />Hazardous Materials to the Premises and to remedy or repair any such injury or contamination.
<br />Without limiting any other rights or remedies of Lessor under this Lease, Tenant shall pay the cost
<br />of any cleanup or remedial work performed on, under, or about the Premises as required by this
<br />Lease or by applicable Laws in connection with the removal, disposal, neutralization or other
<br />treatment of such Hazardous Materials caused or permitted by Tenant or Tenant Parties, excluding
<br />any Existing Hazardous Materials. Notwithstanding the foregoing, Tenant shall not take any
<br />remedial action in response to the presence, discharge or release, of any Hazardous Materials on,
<br />under or about the Premises caused or permitted by Tenant or Tenant Parties, or enter into any
<br />settlement agreement, consent decree or other compromise with any governmental or quasi -
<br />governmental entity without first obtaining the prior written consent of the Lessor. All work
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