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BE';T BE' -3T & r'R IEGER I D : 909-682-0'34 SEP 10'98 12:23 1,1c .005 P.05
<br />3.13 HAZARDOUS MATERIALS.
<br />3.13.1 Pmmi Tenant shall not store, use or dispose of any Hazardous Materials
<br />on, in, under or about the Promises without the Landlord's prior written consent, which may be
<br />withheld in the Landlord's sole discretion. 'Tenant's failure to request and obtain such consent and
<br />to abide by the Irandlord's decision shall be a default under this Agreement. 1f Landlord consents to
<br />the storage, use or disposal of Hazardous Materials, Tenant, at its sole cost, expense and liability,
<br />sliaU comply with aU applicable federal, state and local laws, rules and regulations relating to the
<br />storage, use and disposal of'Hazardous Materials on the Premises.
<br />3.13.2 Ddai . As used heroin, "Hazardous Materials" shall include, but shall not
<br />be limited to, substances defined as "hazardous substances," "hazardous materials," or "toxic
<br />substances" in the Comprehensive Environmental Response Compensation and Liability Act of 1980,
<br />as amended (42 U. S.C. Section 9601 gj &4.); the hazardous Materials Transportation Act (49
<br />U.S.C. Section 1801 c2 M.); the Resource Conservation and Recovery Act (42 U.S.C. Section 6901
<br />sa W4.); and those substances defined as "hazardous wastes" in Section 25117 of the California
<br />Health and Safety Code or as "hazardous substances" in Section 25316 of the California Health and
<br />Safety Code.
<br />3.13.:3 jojamodafin. Tenant shall be solely responsible for and shall defend (with
<br />counsel chosen by the Landlord pursuant to Section 3.15 indemnify and hold the Landlord, its
<br />officials, officers, employeai and agents &tx and harmless from and against any and all claims, costs
<br />and liabilities, including attorneys' fees and costs, arising out of or in connection with its use, storage
<br />or disposal of hazardous Materials on, in, under or about the Premises: Tenant's obligations pursuant
<br />to this Section shall survive the expiration or termination of this Agreement.
<br />3.14 INDEMNIFICATION. Except to the extent of the wilful or active negligent acts of
<br />Landlord, its officials, officers, employees and agents, Tenant agrees to defend (ire accordance with
<br />Section 3.15), indemnify and hold harmless Landlord, its officio officers, employees and agents
<br />from and against any and all claims, losses, actions, damages, liabilities, and expenses of any kind
<br />(including attorneys' fees) that (i) arise from or are in connection with Tenant's possession, use,
<br />occupancy, management, operation, repair, maintenance or control of the Premises, or any portion
<br />thereof, including its management, operation or control of the Sanctuary, or (ii) arise from or are in
<br />connection with any willful or negligent act or omission of Tenant or Tenant's officials, officers,
<br />eonployom, agents, guests, licawes, invitees, or subWants; or (iii) result from any bread default,
<br />violation or nonperformance of this Agreement by Tenant; or (iv) arise frown injury or death to
<br />persons or damage to property sustained in, on or about the Premises. Tenant must pay, satisfy and
<br />discharge any and all money judgments or settlements that may be recovered against Landlord in
<br />connection with the foregoing. Tenant's obligation hereunder shall survive termination or expiration
<br />of this Agreement, and shall not be restricted to insurance proceeds, if any, received by Landlord or
<br />Landlord's officials, officers, employees and agents,
<br />3. 15 DUTY TO DEFEND. Upon written request, firom Landlord, Tenant shall defend (with
<br />counsel chosen by Landlord) any lawsuit, administrative action or other proceeding naming Landlord
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