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17. 1IAZARDUUS MATERIALS (PMF9.1 S)
<br />A. D f inition of I lazardous :Materials, For purposes of this Lease, the term "Hazardous Material" or
<br />"Hazardous 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 />DISTRICT, acting in its governmental capacity, the State of California, or the United States
<br />government.
<br />B. Use of Hazardous Materials. TENANT or TENANTS employees, agents, independent contractors or
<br />invitees (collectively "TENAN'r Parties") shall not cause or permit 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, TENAN r may, subject to Director's prior written
<br />permission, keep on or about the Premises small. quantities of Hazardous Materials that arc used in the
<br />ordinary, customary, and lawful cleaning of and business operations on the Premises. Said permitted
<br />Hazardous Materials shall be stored in a safe location and shall be disposed of in a planner provided
<br />by law.
<br />C. TEN,;?N` ` Obligations. If the presence; of any Hazardous Materials on, under or about the
<br />Premises caused or permitted by TENANT or, ENAN`I' Parties results in (i) injury to any person, (ii)
<br />injury to or contamination of the Premises (or a portion thereof), or the Flood Control Channel, or (ii)
<br />injury to or contamination of any real or personal property wherever situated, TENANT, at its sole
<br />cost and expense, shall promptly take all actions necessary or appropriate to return the Premises and/or
<br />the Flood Control Channel to the condition existing prior to the introduction of such Ilazardorrs
<br />Materials to the :Premises and/or to the Flood Control Channel and to remedy or repair any such injury
<br />or contamination. Without limiting any other rights or remedies of DISTRICT under this Lease,
<br />°I ENANT shall pay the cost of any cleanup or remedial work pcrl:ormed on, under' or 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 TI NANT 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 I-lazardous /Materials on, under or about the
<br />Premises caused or permitted by TENANT or TENANT Parties, or enter into any settlement
<br />agreement, consent decree or other compromise with any governmental or quasi-governmental entity
<br />without first obtaining the prior written consent of DISTRICT All work performed or caused to be
<br />performed by TENANT as provided for above shall be done in good and workmanlike manner and in
<br />compliance with plans, specifications, permits, and other requirements for such work approved by
<br />DISTRICT.
<br />D. Indolninification for Hazardous Materials. To the fullest extent permitted by law, TENANT hereby
<br />agrees to indemnify, hold harmless, protect and defend [with attorney(s) approved in wntinsg by
<br />DISTRICT] DISTRICT and County, their elected officials, officers, employees, agents, and
<br />independent contractors and the Premises, from and against any and all liabilities, losses, darnages
<br />(including, but not limited to, damages for the loss or restriction afuse of rentable or usable space or
<br />any amenity of the Premises or damages arising from any adverse impact on marketing and diminution
<br />in the value of the Premises), judgments, fines, demands, claims, recoveries, deficiencies, costs and
<br />Sans Ana River (I wni ?3 rj2)
<br />-` Strut Vrian It i L?,OW \' 10.29-104)8)
<br />20C-12
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