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ASC • Tenant
<br />Sublease Agreement -Page 6
<br />22. INTERPRETATION. ASC and Tenant have both had the opportunity to review and
<br />revise this Sublease. As such, this Sublease shall be construed and interpreted as the joint work
<br />product of ASC and Tenant and/or their attorneys. The rule of construction to the effect that any
<br />ambiguities are to be resolved against the drafting party shall not be employed in any
<br />interpretation of this Sublease. This Sublease and all of its terms shall be construed equally as to
<br />ASC and Tenant.
<br />23. HAZARDOUS MATERIALS.
<br />A. As used in this Sublease, the term "Hazardous Material" means any flammable
<br />items, explosives, radioactive materials, hazardous or toxic substances, material or waste
<br />or related materials, including, without limitation, any substances defined as or included
<br />in the definition of "hazardous substances", "hazardous wastes," "infectious wastes,"
<br />"hazardous materials" or "toxic substances" now or subsequently regulated under any
<br />federal, state or local laws or regulations including, without limitation, petroleum-based
<br />products, printing inks, acids, pesticides, asbestos, PCBs and similar compounds, and
<br />including any different products and materials which are subsequently found to have
<br />adverse effects on the environment or the health and safety of persons.
<br />B. Tenant shall not cause or permit any Hazardous Material to be generated, produced,
<br />brought upon, used, stored, treated or disposed of in or about the Premises by Tenant, its
<br />agents, employees, contractors, affiliates, or invitees_ Tenant shall protect, indemnify,
<br />defend and hold ASC harmless from all actions (including, without limitation, remedial
<br />or enforcement actions of any kind, and administrative or judicial proceedings and orders
<br />or judgments), costs, claims, damages (including punitive damages), expenses (including,
<br />attorneys', consultants' and experts' fees, court costs) amounts paid in settlement, fines,
<br />forfeitures or other civil, administrative or criminal penalties, injunctive or other relief,
<br />liabilities or losses in any way arising or resulting from a breach of this prohibition by
<br />Tenant, its agents, employees, contractors, affiliates or invitees. Upon expiration or
<br />earlier termination of this Sublease, Tenant shall cause any Hazardous Materials arising
<br />out of the use or occupancy of the Premises by Tenant or its agents, affiliates, customers,
<br />employees, business associates or assigns to be removed from the Premises and properly
<br />transported for use, storage or disposal in accordance with all applicable laws, regulations
<br />and ordinances.
<br />24. GENERAL PROVISIONS.
<br />A. Waiver_ The waiver by ASC or Tenant of any term, covenant or condition in this
<br />Sublease shall not be deemed to be a waiver of any other term, covenant or condition or
<br />any subsequent waiver of the same or any other term, covenant or condition contained in
<br />this Sublease. The subsequent acceptance of Rent hereunder by ASC or any payment by
<br />ASC or Tenant shall not be deemed to be a waiver of any preceding default of any term,
<br />covenant or condition of this Sublease, other than the failure to pay the particular amount
<br />so received and accepted, regardless of the knowledge of any preceding default at the
<br />time of the receipt or acceptance_
<br />B. Headings_ The headings and paragraph titles in this Sublease are not a part of
<br />this Sublease and shall have no effect upon the construction or interpretation of any part
<br />of this Sublease.
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