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17. ASSIGNING, SUBLETTING. AND ENCUMBERING PROHIBITED (PME7.3S)
<br />Any mortgage, pledge, hypothecation, encumbrance, transfer, sublease, sublease amendment, or
<br />assignment (hereinafter in this clause referred to collectively as "Encumbrance") of l"ENANf'S interest in
<br />the Premises, or any part or portion thereof, is prohibited. Any attempted Encumbrance shall be null and
<br />void and shall confer no right, title, or interest in or to this Lease.
<br />If the 'TENANT hereunder is a corporation or an unincorporated association or partnership, the
<br />Encun€brance of any stock or interest in said corporation, association, or partnership in the aggregate
<br />exceeding twenty-five percent (25%) shall be deemed an assignment within the. meaning ofthis clause.
<br />18. HAZARDOUS MATERIALS (PMF9.1 S)
<br />A. Definition af?laza€dous Materials. For purposes of this Lease, the tern "Ifazardous Material" or
<br />"Ifazartloa€s Materials" shall mean any hazardous or toxic substance, material, product, byproduct, or
<br />waste which is or shall become regulated by any governmental entity, including, without limitation,
<br />DISI"RIC"I', acting in its governmental capacity, the State of California, or the United States
<br />government.
<br />B. Use of fiazardous;Materials. 1 E.NANT o.r TENANT'S employees, agents, independent contractors or
<br />invitces (collectively "TENANT Parties") shall not cause or pen-nit any Hazardous Materials to be
<br />brought upon, stored, kept, used, generated, released into the environment or disposed of on, under,
<br />from or about the Premises (which :for purposes of this clause shall include the subsurface soil and
<br />ground water). Notwithstanding the foregoing, TENANT may, subject to Director's prior written
<br />permissiorr, keep on or about the Premises small quantities of Hazardous Materials that are used in the
<br />ordinary, customary, and lawful cleaning of and operations on the Premises. Said permitted
<br />hazardous Materials shall be stored in a safe location and shall be disposed of in a manner provided
<br />by law.
<br />C". TENAIV"l- Oblr atic ns. If the presence of any f lazardous Materials on, under or about the Premises
<br />caused or permitted by TF..NANT or TENANT Parties results in (i) injury to any person, (ii) injury to
<br />or contamination of the Premises (or a portion thereof), or the Flood Control Channel, or (iii) in'
<br />jury to
<br />or contamination of any real. or personal property wiherever situated, TENANT, at its sole cost and
<br />expense, shall promptly take all actions necessary or appropriate to return the Premises and/or the
<br />Flood Control Channel to the condition existing prior to the introduction of'such Hazardous Materials
<br />to the Premises acrd/or to the Flood Control Channel and to remedy or repair any such injury or
<br />contamination. Without limiting any other rights or remedies of DISTRICT under this Lease,
<br />TENANT shall pay the cost of any cleanup or remedial work perfon-ned on, underor about the
<br />Premises as required by this Lease or by applicable laws in connection with the removal, disposal,
<br />neutralization or other treatment of such Hazardous Materials caused or permitted by TENANT or
<br />TENANT Parties. Notwithstanding the foregoing, TENANT shall not take any remedial action in
<br />response to the presence, discharge or release, of any IlazardOLIS Materials on, under or about the
<br />Santa Ana RiVff (' t:.nntl (FO I -RI i5:
<br />1?.d, Park I. caw titliv 10,29,08)
<br />20D-12
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