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<br />4894-6811-3695v.2 0017787-000542
<br />4.4.2. Use of Hazardous Materials. Except for those Hazardous Materials which
<br />are customarily used in connection with the construction, operation, maintenance and repair of the
<br />Improvements or used in connection with any permitted use of the Premises and Improvements under
<br />this Lease (which Hazardous Materials shall be used in compliance with all applicable Laws), Tenant
<br />or Tenant’s employees, agents, independent contractors or invitees (collectively “Tenant Parties”)
<br />shall not cause or permit any Hazardous Materials to be brought upon, stored, kept, used, generated,
<br />released into the environment or disposed of on, under, from or about the Premises (which for
<br />purposes of this Section shall include the subsurface soil and 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 Effe ctive Date (the “Existing Hazardous
<br />Materials”), results in (i) injury to any person, (ii) injury to or contamination of the Premises (or a
<br />portion thereof), or (iii) injury to or contamination or any real or personal property wherever situated,
<br />Tenant, at its sole cost and expense, shall promptly take all actions necessary or appropriate to return
<br />the Premises to the condition existing prior to the introduction of such Hazardous Materials to the
<br />Premises and to remedy or repair any such injury or contamina tion. Without limiting any other rights
<br />or remedies of County or Agency under this Lease, Tenant shall pay the cost of any cleanup or
<br />remedial work performed on, under, or about the Premises as required by this Lease or by applicable
<br />Laws in connection with the removal, disposal, neutralization or other treatment of such Hazardous
<br />Materials caused or permitted by Tenant or Tenant Parties, excluding the Existing Hazardous
<br />Materials. Notwithstanding the foregoing, Tenant shall not take any remedial action in response to
<br />the presence, discharge or release, of any Hazardous Materials on, under or about the Premises
<br />caused or permitted by Tenant or Tenant Parties, or enter into any settlement agreement, consent
<br />decree or other compromise with any governmental or quasi-governmental entity without first
<br />obtaining the prior written consent of the Lessor. All work performed or caused to be performed by
<br />Tenant as provided for above shall be done in good and workmanlike manner and in compliance with
<br />plans, specifications, permits and other requirements for such work 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
<br />foreseeable or unforeseeable (collectively, "Liabilities"), arising out of the presence, use, generation,
<br />storage, treatment, on or off-site disposal or transportation of Hazardous Materials on, into, from,
<br />under or about the Premises by Tenant or Tenant Parties, and excluding all Existing Hazardous
<br />Materials. To clarify, the foregoing indemnification shall not apply to any Lia bilities arising out of
<br />Tenant’s discovery of Existing Hazardous Materials on the Premises or attributable to the presence of
<br />Existing Hazardous Materials on the Premises.
<br />(b) The foregoing indemnity shall also specifically include the cost of any
<br />required or necessary repair, restoration, clean-up or detoxification of the Premises and the
<br />preparation of any closure or other required plans; provided, however, Tenant shall have no
<br />EXHIBIT 15
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