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Department of Transportation Table (49 C.F.R. 172.101 and amendments thereto) or
<br />designated by the Environmental Protection Agency (or any successor agency) as Hazardous
<br />Substances; (iii) such other substances, materials and wastes which are or become regulated
<br />under applicable local, state or federal law, or the United States government, or which are
<br />classified as hazardous or toxic under federal, state or local laws or regulations, and (iv) any
<br />material, waste or substance which is (a) petroleum, (b) asbestos, (c) polychlorinated
<br />biphenyls, (d) designated as a "hazardous substance" pursuant to Section 311 of the Clean
<br />Water Act of 1977, 33 U.S.C. sections 1251 et sec., (33 U.S.C. section 1321) or listed
<br />pursuant to section 307 of the Clean Water Act of 1977 (33 U.S.C. section 1317).
<br />2.5 Third Parties. Lessee and its agents shall not do or permit anything to be done in or about
<br />the Premises which will in any way obstruct or interfere with the rights of any third parties or
<br />injure or annoy such parties or cause structural injury to the Premises. Lessee shall not use
<br />or allow the Premises to be used for any unlawful, immoral, hazardous or objectionable
<br />purpose, nor shall Lessee cause, maintain or permit any nuisance in, on or about the
<br />Premises. Lessee and its agents shall not commit or suffer to be committed any waste in or
<br />upon the Premises.
<br />2.6 Compliance with Leaa1 Requirements. Lessee and its agents shall not use the
<br />Premises or permit anything to be done in or about the Premises which will in any way
<br />violate any law, statute, ordinance, order, rule, regulation or requirement of duly
<br />constituted public authorities orquasi-public authorities now in force or which may
<br />hereafter be enacted or promulgated (collectively, "Laws"). Lessee shall, at its sole cost
<br />and expense, promptly comply with (i) all Laws which relate to or affect the condition, use
<br />or occupancy of the Premises, whether or not the same are now contemplated by the
<br />parties; (ii) the provisions of all recorded documents affecting the Premises, insofar as the
<br />same relate to or affect the condition, use, or occupancy of the Premises; and (iii) the
<br />requirements of any board of fire underwriters or other similar body now or hereafter
<br />constituted relating to or affecting the condition, use or occupancy of the Premises.
<br />Lessee shall furnish satisfactory evidence of such compliance to Lessor upon request.
<br />Lessee's obligations pursuant to this Section 2.6 shall include, without limitation, altering,
<br />maintaining or restoring the Premises in compliance and conformity with all Laws relating
<br />to the condition, use or occupancy of the Premises during the Lease Term, and the filing
<br />of any map required under any subdivision map act and of any environmental impact
<br />report required by any governmental body having jurisdiction in the matter.
<br />(Notwithstanding the foregoing, before finalizing any environmental impact report, Lessee
<br />shall submit it to Lessor for its review and approval. No subdivision map shall be filed
<br />without review and approval by Lessor, which may, at its sole discretion, withhold
<br />approval if the requirements of filing the map are unacceptable to Lessor, impact other
<br />property owned by Lessor, or in the reasonable opinion of Lessor, have an adverse
<br />impact on the use or marketability of the Premises.) Lessee shall obtain, prior to taking
<br />possession of the Premises, any permits, licenses or other authorizations required for the
<br />lawful operation of its business at the Premises. The judgment of any court of competent
<br />jurisdiction or admission of Lessee in any action against Lessee, whether Lessor be a
<br />party thereto or not, that Lessee has violated any Law shall be conclusive of the fact as
<br />between Lessor and Lessee.
<br />2.7 Imposition of Conditions. Should any governmental body seek to impose any condition
<br />on approval of Lessee's use of the Premises or the zoning thereof, or for the issuance of any
<br />map, license, or permit, Lessee covenants to notify Lessor accordingly; and if such condition
<br />Document 0011
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