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groundlease- rev -c12. orange
<br />limitation materials which may be so determined by any governmental authority or so designated
<br />by notice from the Landlord to the Tenant) does or may pollute or contaminate the same, or may
<br />adversely affect (i) the health, welfare, or safety of persons whether located in or at the Leased
<br />Premises, Improvements, or elsewhere, or (ii) the condition, use or enjoyment of the Leased
<br />Premises or any other real or personal property.
<br />8.1.4 At the commencement of each Leased Year, Tenant shall disclose to Landlord the names and
<br />approximate amounts of all Hazardous Material for which Tenant is required to file any city,
<br />county, state or federal reports that Tenant intends to use, keep store, transport, or dispose of (or
<br />allow any such activity) on the Leased Premises. In addition, Tenant shall disclose to Landlord
<br />the names and amounts of all such Hazardous Materials that were actually used, kept, stored,
<br />transported, or disposed of on the Leased Premises if those materials were not previously
<br />identified to Landlord.
<br />8.1.5 As used herein, the term "Hazardous Material' means (i) any "hazardous waste" as defined by the
<br />Resource Conservation and Recovery Act of 1976, as amended from time to time, and the
<br />regulations promulgated thereunder, (ii) any "hazardous substance" as defined by the
<br />Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended
<br />from time to time, and regulations promulgated thereunder; (iii) any material or substance
<br />regulated by the Toxic Substances Control Act as amended from time to time and regulations
<br />promulgated thereunder; (iv) and any material or substance regulated by the Federal Insecticide,
<br />Fungicide and Rodenticide Act, as amended from time to time, and the regulations promulgated
<br />thereunder; (v) any oil, petroleum products, and their by- products; and (vi) any other hazardous,
<br />toxic or dangerous material or substance that is or becomes regulated by any federal, state or local
<br />law or regulation, including but not limited to radioactive materials.
<br />8.1.6 Tenant hereby agrees that it shall be fully liable for all costs and expenses related to the use,
<br />storage, transportation or disposal of any Hazardous Material on the Leased Premises by the
<br />Tenant, and the Tenant shall give immediate notice to the Landlord of any known violation or
<br />potential violation of the provisions of subparagraph (8.1.2) hereof.
<br />8.1.7 Prior to the commencement of construction of any Improvements, an environmental audit
<br />regarding the Leased Premises shall be conducted by a qualified environmental auditor selected by
<br />Tenant consisting at a minimum of a Phase I audit and at such additional levels as is reasonably
<br />sufficient to determined the environmental condition of the Leased Premises at the commencement
<br />of the Lease. The cost of the environment audit shall be borne by the Tenant.
<br />8.2 Notices and Payments. Any notice or payment which may or shall be made under the terms of this Lease
<br />shall be in writing (in the case of a notice) shall be either delivered by hand or sent by United States
<br />Registered or Certified Mail, Return Receipt Requested, or by any overnight mail service (e.g. Federal
<br />Express, United Parcel Services), postage prepaid, to the address set out in Article I hereof or to such
<br />Address as may be contained in a notice given as provided above.
<br />8.3 Short Form. Upon request by either party, the parties shall execute and record a memorandum or Short
<br />form of this Lease setting forth such provisions hereof as either party may wish to incorporate.
<br />8.4 Entire Agreement. This Lease and any written addenda referred to herein and all exhibits hereto expressly
<br />referred to herein (which are expressly incorporated herein by this reference) shall constitute the entire
<br />agreement between Landlord and Tenant and no prior written or prior or contemporaneous oral promises or
<br />representations shall be binding. This Lease shall not be amended, changed or extended except by written
<br />instrument signed by both parties hereto.
<br />8.5 Interpretation: Governing Law. Pronouns, where used herein, of whatever gender, shall include natural
<br />persons, corporations, and associations of every kind and character, and the singular shall include the plural
<br />and vice versa where and as often as may be appropriate. Article and section headings under this Lease are
<br />for convenience of reference and shall not affect the construction or interpretation of this Lease. Whenever
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