LAMAS, RODOLFO (DBA REY INCOME TAX)

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23. EXEMPTION OF LANDLORD FROM LIABILITY. LANDLORD shall not be liable for Injury or damage to the person or goods, wares, merchandise or other property of TENANT, TENANT's employees, contractors, Invitees, customers or any other person in or about the Premises, whether such damage or Injury Is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, HVAC or lighting fixtures, or from any other cause, whether the said Injury or damage results from conditions arising upon the Premises or upon other portions of LANDLORDS's properly, or from other sources or places. LANDLORD shall not be liable for any damages arising from any act or neglect of any other tenant of LANDLORD nor from the failure of LANDLORD to enforce the provisions of any other lease on the property. Notwithstanding LANDLORD's negligence or breach of this Lease, LANDLORD shall under no circumstances be liable for Injury to TENANT's business or for any loss of Income or profit therefrom. LANDLORD shall not be liable to anyone for, nor shall TENANT's obligations under this Lease be reduced because of, loss or damage caused In anyway by the use, leakage, seepage, flooding or escape of water or sewage In any form or from any source, by the Interruption or cessation of any service rendered customarily to the Premises or bullding or agreed to by the terms of this Lease, by any accident, the making of repairs, alterations or Improvements, labor difficulties, weather conditions, mechanical breakdowns, trouble or scarcity in obtaining fuel, electricity, service or supplies from the sources from which they are usually obtained, by any change in any utility or service provider, or by any cause beyond LANDLORD's immediate control. 24. ASSUMPTION OF RISK AND INDEMNITY. TENANT assumes all risk of loss to itself, which In any manner may arise out of the use of the Premises under this Lease. Further, without limiting any other obligations of Indemnity on TENANT'S part under this Lease, TENANT, Its successors and assigns, shall Indemnify and defend LANDLORD and Its directors, officers, agents, contractors, and employees against any liability and expenses. Including the reasonable expense of legal representation whether by special counsel or by LANDLORD's staff attorneys; resulting from injury to or death of TENANT, Its successor and assigns, and invitees, and any person who otherwise is lawfully on the property; or damage to any property, including property of LANDLORD, or damage to any other Interest of LANDLORD, Including but not limited to suit alleging noncompliance with any statute or regulation which in any manner may arise out of the Issuing of this Lease; or use by TENANT of the Premises, or any adjoining land used with the property. All common areas, including but not limited to any parking areas, stairs, coMdors, roofs, walkways and elevators (herein collectively called the common areas) shall be considered a part of the Premises for liability and insurance purposes when they are used by TENANT or TENANT's employees, agents, callers or Invitees. 25. WAIVER. The waiver by LANDLORD of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of any subsequent breach of such term, covenant, or condition, or of any other term, covenant, or condition herein contained. The acceptance by LANDLORD of any rental or other payments due hereunder with knowledge of the breach of any of the terms, covenants or provisions of this Lease by TENANT shall not be construed as a waiver of any such breach. The acceptance at any time or times by LANDLORD of any sum less than that which is required to be paid by TENANT shall, unless LANDLORD specifically agrees otherwise in writing, be deemed to have been received only on account of the obligation for which it is paid, and shall not be deemed an accord and satisfaction notwithstanding any provisions to the contrary written on any check or contained In any writing transmitting the same. 26. HAZARDOUS SUBSTANCES. For purposes of this Lease, the term "Hazardous Substance" means: (1) any substance, product, waste or other material of any nature whatsoever which is waste or other material of any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 United States Code Section 9601, at seq.; the Resources Conservation and Recovery Act, 42 United States Code Section 6901, at seq. (CERCLA); the Hazardous Materials Transportation Conservation and Recovery Act, 42 United States Code Section 1801, at seq.; the Resources Conservation and Recovery Act, 42 United Slates Code Section 6901, at seq. (RCRA); the Clean Water Act, 33 United States Code Section 1251, at seq,; the Toxic Substances Control Act, 15 United States Code Section 2601, at seq,; the California Hazardous Waste Control Act, Health and Safety Code Section 25100, at seq.; the California Hazardous Substance Account Act, Health and Safety Code Section 25330, at seg.: the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Section 25249.5, at seq.; California Health and Safety Code Section 25280, at seq. (Underground Storage of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code Sections 25170.1, at seq.; California Health and Safety Code Sections 25501, at seq. (Hazardous Materials Release Response Plans and Inventory); or the California Porter -Cologne Water Quality Control Act, Water Code Section 13000, at seq., all as amended, (the above-cited California stale statutes are hereinafter collectively referred to as "the State Toxic Substances Laws") or any other federal, state, or local statute, law, ordinance, resolution, code, rule, regulation, order or decree regulating, relating to, or Imposing liability or standards of conduct concerning, any hazardous or toxic substance hereafter In effect; (it) any substance, product, waste or other material of any nature whatsoever which may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, Intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court; (iii) petroleum or crude oil other than petroleum and petroleum products which are contained within regularly -operated motor vehicles; and, (Iv) asbestos. ,-,n Pnmv.n LID -PM 8m'1c"