Shutterfly 2008 Annual Report Download - page 103

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(a) Definitions . For purposes of this Lease:
(b) Landlord's Representations and Warranties . Landlord represents that, except as set forth in that certain “Report of Phase I Environmental Site Assessment Update”
dated
May 15, 2006 prepared for Landlord by MACTEC:
(1) The term "Environmental Law" shall mean and refer to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C.
§9601, et seq. ; the Federal Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. §6901, et seq.
; the Federal Water Pollution Control Act, 33 U.S.C. §1251,
et seq. ; the Clean Air Act, 42 U.S.C. §7401, et seq.
; all as the same may be from time to time amended, and any other federal, state, county, municipal, local or other statute,
law, ordinance or regulation which relates to or deals with human health or the environment, including, without limitation, all regulations promulgated by a regulatory body
pursuant to any such statute, law, ordinance or regulation.
(2) The terms "Hazardous Substance" and "Hazardous Substances" shall mean and refer to asbestos, radon, urea-
formaldehyde, polychlorinated biphenyls ("PCBs"), or
substances containing PCBs, nuclear fuel or materials, radioactive materials, explosives, known carcinogens, petroleum products and bi-
products, and any substance defined as
hazardous or toxic or as a contaminant or pollutant in, or the release or disposal of which is regulated by any Environmental Law.
(1) no Hazardous Substances are now or have ever been located, produced, treated, stored, transported, incorporated, discharged, emitted, released, deposited or disposed of
in, upon, under, over or from the Building in violation of any Environmental Law;
(2) no threats exist of a discharge, release or emission of Hazardous Substances in, upon, under, over or from the Building into the environment in violation of any
Environmental Law;
(3) the Building has not ever been used as or for a mine, a landfill, a dump or other disposal facility, industrial or manufacturing purposes, auto repair, a dry cleaner, or a
gasoline service station;
(4) neither the Building nor any part thereof is in violation of any Environmental Law, no notice of any such violation or any alleged violation thereof has ever been issued or
given by any governmental entity or agency, and there is not now nor has there ever been any investigation or report involving the Building by any governmental entity or
agency which is in any way related to Hazardous Substances;
(5) no person, party or private or governmental agency or entity has given any notice of or asserted any claim, cause of action, penalty, cost or demand for payment or
compensation, directly or indirectly, resulting from or allegedly resulting from any activity or event described in (1), (2) or (4) above;
(6) there are not now, nor have there ever been, any actions, suits, proceedings or damage settlements relating in any way to Hazardous Substances in, upon, under, over or
from the Building;
(7) the Building is not listed in the United States Environmental Protection Agency's National Priorities List of Hazardous Waste Sites, CERCLIS, or any other list of
hazardous sites maintained by any federal, state or local governmental agency;
(8) the Building is subject to no lien or claim for lien in favor of any governmental entity or agency as a result of any release or threatened release of any Hazardous
Substances.