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a. LANDLORD makes no warranty or representation whatsoever concerning the Property.
<br />Including without limitation, the condition, fitness or utility for any purpose thereof, any
<br />Improvements thereto or personal property located thereon, or compliance thereof with applicable
<br />laws, ordinances or governmental regulations, and the TENANT's right to use the Property Is
<br />strictly "as Is", with all faults, and LANDLORD hereby disclaims all other warranties whatsoever,
<br />express or Implied, Including, without limitation, any warranty as to the presence or absence of
<br />Hazardous Substances, the condition of the soil (or water), geology, and any warranty of
<br />merchantability or habitability or fitness for a particular purpose.
<br />b. Except as otherwise permitted In this Lease, TENANT shall not use, create, store or allow
<br />any Hazardous Substances on the Property. TENANT shall not cause or permit fuel or other
<br />Hazardous Substances to contact with the soil or subsoil and any such Hazardous Substances
<br />shall be removed from the Property by TENANT by lawful means.
<br />C. In no case shall TENANT cause or allow the deposit or disposal of any such Hazardous
<br />Substances on Property.
<br />No underground storage tanks shall be Installed.
<br />e. TENANT shall, within reasonable time, either prior to the release or following the
<br />discovery by TENANT of the presence of or believed presence of the hazardous substance as
<br />defined herein, give written notice to LANDLORD in the event that TENANT knows or has
<br />reasonable cause to believe that any release of a hazardous substance has come or will come to
<br />be located on or beneath the subject Property. The failure to disclose in a timely manner the
<br />release of either a material amount of hazardous substance or an amount which Is required to be
<br />reported to a state or local agency pursuant to law (e.g. California's Hazardous Materials Storage
<br />and Emergency Response Act, Health and Safety Code Section 25550, at sec.), may subject
<br />TENANT to a default on this Lease in addition to actual damages and other remedies provided by
<br />law. TENANT shall Immediately clean up and completely remove from the Property all
<br />Hazardous Substances used, stored or created by TENANT on the Property, in a manner that Is
<br />in all respects safe and in accordance with all applicable laws.
<br />f. TENANT shall disclose to LANDLORD Its disposal of any Hazardous Substances located
<br />in Property and provide written documentation of Its safe and legal disposal.
<br />g. Breach of any of these covenants, terms and conditions shall give LANDLORD the
<br />authority to Immediately terminate this Lease and/or to shut down TENANT's operations thereon,
<br />pending rectlficatlon of the breach, in which case, TENANT will continue to be liable under this
<br />Lease to clean up all Hazardous Substances from the Property. TENANT shall he responsible for
<br />and bear the entire cost of removal and disposal of Hazardous Substances Introduced to the
<br />Property during TENANT's period of use and possession of the Property, except where such
<br />Hazardous Substances are placed thereon by LANDLORD or LANDLORD's agents. LANDLORD
<br />may pass through to TENANT any and all cleanup costs Incurred by LANDLORD as a result of
<br />TENANT's activities on the Property. Notwithstanding the foregoing, TENANT shall be
<br />responsible for any cleanup or decontamination on or off the Property necessitated by the
<br />presence of such Hazardous Substances. Upon termination of this Lease, TENANT is required,
<br />in accordance with all laws, to remove from the Property any equipment or Improvements to the
<br />Property that could be contaminated by Hazardous Substances.
<br />h, TENANT shall Indemnify, defend with counsel selected by LANDLORD, protect and hold
<br />LANDLORD, Its directors, officers, employees, contractors, agents, assigns, and any successor
<br />or successors to LANDLORD's Interest harmless from and against all claims, actual damages
<br />(including, but not limited to, special and consequential damages), punitive damages, Injuries,
<br />costs, response costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or
<br />administrative proceedings, interest, lines, charges, penalties, and expenses (including, but not
<br />limited to, attorneys' and expert witness' fees and costs Incurred in connection with defending
<br />against any of the foregoing or In enforcing this Indemnity) of any kind whatsoever paid, Incurred
<br />or suffered by, or asserted against, the Property, or any indemnified party directly or indirectly
<br />arising from or attributable to any repair, cleanup or detoxification, or preparation and
<br />Implementation of any removal, remedial, response, closure, or other plan concerning any
<br />hazardous substance on, under, or about the Property, regardless of whether undertaken due to
<br />governmental action, To the fullest extent permitted by law, the foregoing Indemnification shall
<br />apply regardless of the fault, active or passive negligence, breach of warranty or contract of ACE.
<br />The foregoing indemnity is intended to operate as an agreement pursuant to CERCLA
<br />Section 107(e) of 42 United States Code Section 9607(E), and California Health and Safety
<br />Code Section 25364, to Insure, protect, hold harmless and indemnify LANDLORD from any
<br />liability pursuant to such sections,
<br />I HAVE READ AND UNDERSTOOD PARAGRAPH 26 HAZARDOUS
<br />SUBSTANCES.
<br />TENANT's Initials
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