Health Net 2009 Annual Report Download - page 266

into or keep anything in the Premises which will in any way increase the rate of any insurance upon the Premises or Building or upon
any contents therein or cause a cancellation of said insurance or otherwise affect said insurance in any manner, or violate the rules,
orders, regulations and requirements of any organization which sets out standards, requirements or recommendations commonly
referred to by major fire insurance underwriters.
5.6 Compliance with Applicable Requirements. Tenant shall at its sole cost and expense strictly comply with all existing or
future applicable municipal, state and federal and other governmental statutes, rules, requirements, regulations, laws and ordinances,
including zoning ordinances and regulations, and covenants, easements and restrictions of record governing and relating to the use,
occupancy or possession of the Premises, or to the use, storage, generation or disposal of Hazardous Materials (defined below)
(collectively, “Applicable Requirements”). Notwithstanding the foregoing, Tenant shall not be liable for compliance with any Laws
mandating alterations to the Common Areas unless such alterations are triggered by (i) Alterations or Utility Installations that are
inconsistent with the Permitted Use, or (ii) Tenant’s use of the Premises for a use other than the Permitted Use. Subject to Tenant’s
obligations pursuant to the preceding sentence, Landlord shall protect, defend, indemnify and hold harmless Tenant from all claims,
costs (including attorneys’ and experts’ fees), expenses and liabilities arising from any failure of the Common Areas to comply with
all Laws, including, without limitation, the Americans with Disabilities Act. Landlord’s obligations under this Section 5.6 shall
survive the expiration or earlier termination of the Lease. Tenant shall at its sole cost and expense obtain any and all licenses or
permits necessary for Tenant’s use of the Premises. Tenant shall indemnify, defend (by counsel reasonably acceptable to Landlord),
protect and hold Landlord harmless from and against any loss, cost, expense, damage, attorneys’ fees or liability arising out of the
failure of Tenant to comply with this Section 5.6. Tenant’s obligations pursuant to the foregoing indemnity shall survive the
expiration or earlier termination of this Lease.
5.7 Hazardous Materials. As used in this Lease, “Hazardous Materials” shall include, but not be limited to, asbestos, asbestos
products, polychlorinated biphenyl (PCB), hazardous, toxic and radioactive materials and those substances defined as “hazardous
substances,” “hazardous materials,” “hazardous wastes,” “toxic substances,” or other similar designations in any Applicable
Requirements, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as
amended, 42 U.S.C. Sections 9601, et seq. (“CERCLA”), the Resource Conservation and Recovery Act, as amended, 42 U.S.C.
Sections 6901, et seq. (“RCRA”), the Toxic Substances Control Act, as amended, 15 U.S.C. Sections 2601, et seq., the Clean Water
Act, as amended, 33 U.S.C. Sections 1251, et seq., the Clean Air Act, as amended, 42 U.S.C. Sections 7401, et seq., the Hazardous
Substances Transportation Act, 49 U.S.C. Sections 1471, et seq., the Safe Drinking Water Act, 42 U.S.C. Sections 300f-300j , the
California Hazardous Substances Account Act, Health and Safety Code Sections 25300, et seq., the California Hazardous Waste
Control Law, Health and Safety Code Sections 25100, et seq., the Porter-Cologne Water Quality Control Act, Water Code Sections
13000, et seq., the Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Sections 25249.5, et seq., and Fish and
Game Code Section 5650, or comparable statutes and ordinances and each as from time to time amended, any regulations
implementing any such statutes. Tenant shall not cause, or allow any agent, employee, subtenant, contractor, representative or invitee
of Tenant to cause, any Hazardous Materials to be handled, used,
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