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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 TENANTS right to use the Property Is
<br />strictly "as ta", 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 />It, 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 />Q In no case shall TENANT cause or allow the deposit or disposal of any such Hazardous
<br />Substances on Property.
<br />d. 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 to 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 Ina 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 23554, at seg.), 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 ail
<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 LAND40RD 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 rectification 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 be responsible for
<br />and bear the entire cost of removal and disposal of Hazardous Substances introduced to the
<br />Property during TENANTs period of use and possession of the Property, except where such
<br />Hazardous Substances are placed thereon by LANDLORD or LANDLORD'sagents. 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 no 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 shalt 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 fia L.ANDLORD's interest harmless from and against all claims, actual damages
<br />(including, but not limited to, special and consequential damages), punitive damages, injuries,
<br />casts, response costs, .losses, demands, debts, [tens, liabilities, causes of action, suits, legal or
<br />administrative proceedings, interest, fines, 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 Indemnttied party directly or indirectly
<br />arising from or attributable to any repair, cleanup or detoxrficattom or preparation and
<br />impiementa€lon 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 0607(E), and California Health and Safety
<br />Code Section 28364, to insure, protect, hold harmless and indemnify LANDLORD from any
<br />liability pursuant to such sections.
<br />I HAVE READ AND UNDERSTOOD PARAGRAPH 26 81 AR 2p,
<br />IiiANCES.
<br />TENANT's Initials
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