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<br />Lessor and Lessee shall agree to indemnify and hold each other harmless for any and
<br />all claims arising because of the failure of either party to carry out its responsibility
<br />under this provision.
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<br />48. Hazardous Substances. Lessee shall not use or allow the Demised Premises to
<br />be used for the release, storage, use, treatment, disposal or other handling of any
<br />hazardous substance, without the prior consent of Lessor. The term release shall have
<br />the same meaning as is ascribed to it in the Comprehensive Environmental Response,
<br />Compensation and Liability Act, 42 U.S.C. S 9601 et seq., as amended, ("CERCLA").
<br />The term hazardous substance means (a) any substance defined as a hazardous
<br />substance under CERCLA, (b) petroleum, petroleum products, natural gas, natural gas
<br />liquids, liquefied natural gas and synthetic gas, and (c) any other substance or material
<br />deemed to be hazardous, dangerous, toxic or pollutant under any federal, state or local
<br />law, code, ordinance or regulation.
<br />
<br />Lessee shall: (a) give prior written notice to Lessor of any activity or operation to be
<br />conducted by Lessee at the Demised Premises which involves the release, use,
<br />handling, generation, treatment, storage or disposal of any hazardous substance, (b)
<br />comply with all federal, state and local laws, codes, ordinances, regulations, permits
<br />and licensing conditions governing the release, discharge, emission or disposal of any
<br />hazardous substance and prescribing methods for or other limitations on storing,
<br />handling or otherwise managing hazardous substances, (c) at Lessee's own expense,
<br />promptly contain and remediate any release of hazardous substance activity in the
<br />Demised Premises, the Center or the environment and remediate and pay for any
<br />resultant damage to property, persons and/or the environment, (d) give prompt written
<br />notice to Lessor and all appropriate regulatory authorities of any release of any
<br />hazardous substance in the Demised Premises, the Center or the environment arising
<br />from or related to Lessee's hazardous substance activity, which release is not made
<br />pursuant to and in conformance with the terms of any permit or license duly issued by
<br />appropriate governmental authorities, any such notice to include a description of
<br />measures taken or proposed to be taken by Lessee to contain and remediate the
<br />release and any resultant damage to property, persons or the environment, (e) at
<br />Lessor's request from time to time, execute affidavits, representations and the like
<br />concerning Lessee's best knowledge and belief regarding the presence of hazardous
<br />substances in the Demised Premises and (f) upon expiration or termination of this
<br />Lease, surrender the Demised Premises to lessor free from the presence and
<br />contamination of any hazardous substance.
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<br />49. Special Provisions.
<br />
<br />1. In the event that City vacates the space prior to the first five-year term they will
<br />reimburse landlord for all unamortised finish-out done to the demised premises, as set
<br />forth in Exhibit E and F.
<br />2. Additionally, the City of San Marcos agrees to reimburse Lessor for all commissions
<br />paid for this lease based on the prorated time remaining on the lease and total
<br />commissions paid, adjusting the amount according to the base rent amount in the year
<br />in which the lease is ended.
<br />3. Signage for main pylon ID will be provided at Lessor expense. Lessee has the right
<br />to place a sign on the bottom left side on the west side of the sign and on the bottom
<br />right side on the east side of the sign.
<br />4. Landlord as part of finish-out agrees to pay for space planning services and the cost
<br />of construction documents
<br />5. Exhibits A thru G are attached and are made a part hereof.
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