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4.4 Hazardous Materials.
<br />4.4.1. Definition of Hazardous Materials. For purposes of this Lease, the term
<br />"Hazardous Material" or "Hazardous Materials" shall mean any hazardous or toxic substance,
<br />material, product, byproduct, or waste, which is or shall become regulated by any governmental
<br />entity, including, without limitation, the Lessor acting in their governmental capacity, the State of
<br />California or the United States government.
<br />4.4.2. Use of Hazardous Materials. Except for those Hazardous Materials which
<br />are customarily used in connection with any permitted use of the Premises and Improvements
<br />under this Lease or during construction of the Initial Improvements by Developer as authorized in
<br />the Inclusionary Grant Agreement (which Hazardous Materials shall be used in compliance with
<br />all applicable Laws), Tenant or Tenant's employees, agents, independent contractors or invitees
<br />(collectively "Tenant Parties") shall not cause or permit any Hazardous Materials to be brought
<br />upon, stored, kept, used, generated, released into the environment or disposed of on, under, from
<br />or about the Premises (which for purposes of this Section shall include the subsurface soil and
<br />ground water).
<br />4.4.3. Tenant Obligations. If the presence of any Hazardous Materials on, under or
<br />about the Premises caused or permitted by Tenant or Tenant Parties, and excluding Hazardous
<br />Materials existing on the Premises prior to the Effective Date (the "Existing Hazardous Materials"),
<br />results in (i) injury to any person, (ii) injury to or contamination of the Premises (or a portion thereof),
<br />or (iii) injury to or contamination or 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 to the
<br />condition existing prior to the introduction of such Hazardous Materials to the Premises and to remedy
<br />or repair any such injury or contamination. Without limiting any other rights or remedies of Agency
<br />under this Lease, Tenant shall pay the cost of any cleanup or remedial work performed on, under, or
<br />about the Premises as required by this Lease or by applicable Laws in connection with the removal,
<br />disposal, neutralization or other treatment of such Hazardous Materials caused or permitted by Tenant
<br />or Tenant Parties, excluding the Existing Hazardous Materials. Notwithstanding the foregoing, Tenant
<br />shall not take any remedial action in response to the presence, discharge or release, of any Hazardous
<br />Materials on, under or about the Premises caused or permitted by Tenant or Tenant Parties, or enter
<br />into any settlement agreement, consent decree or other compromise with any governmental or quasi -
<br />governmental entity without first obtaining the prior written consent of the Lessor. All work performed
<br />or caused to be performed by Tenant as provided for above shall be done in good and workmanlike
<br />manner and in compliance with plans, specifications, permits and other requirements for such work
<br />approved by Lessor.
<br />4.4.4. Indemnification for Hazardous Materials.
<br />(a) To the fullest extent permitted by law, Tenant hereby agrees to indemnify,
<br />hold harmless, protect and defend (with attorneys acceptable to Lessor) Lessor, its elected officials,
<br />officers, employees, agents, independent contractors, and the Premises, from and against any and all
<br />liabilities, losses, damages (including, but not limited, damages for the loss or restriction on use of
<br />rentable or usable space or any amenity of the Premises or damages arising from any adverse impact
<br />on marketing and diminution in the value of the Premises), judgments, fines, demands, claims,
<br />recoveries, deficiencies, costs and expenses (including, but not limited to, reasonable attorneys' fees,
<br />disbursements and court costs and all other professional or consultant's expenses), whether foreseeable
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