Health Net 2009 Annual Report Download - page 323

3.5 Compliance with Environmental Laws.
(a) Tenant shall
(i) comply with all duties imposed upon Tenant by federal, state and local laws, rules, orders, or regulations
pertaining to health or the environment (“Environmental Laws”), including, without limitation, the comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended (“CERCLA”) and the Resource Conservation and Recovery Act of
1987, as amended (“RCRA”);
(ii) not dispose of (nor permit or acquiesce in the disposal by any of Tenant’s agents, employees, contractors or
representatives) of any waste products (including, but not limited to, paints, solvents, or paint thinners) on, under or around the
Premises or the Building in violation of Environmental Laws;
(iii) not keep, store, or use within the Premises any regulated substances except small quantities that are
reasonably necessary for Tenant’s business and in compliance with Environmental Laws; and
(iv) defend, indemnify and hold harmless Landlord from all costs, claims, demands, and damages, including
attorneys’ fees and court costs and investigatory and laboratory fees, related to any breach of Tenant’s obligations under this
Section3.5, including, without limitation, any adverse health or environmental condition (including without limitation any violation of
Environmental Laws) caused by Tenant. This indemnification obligation shall survive the termination of this Lease.
(b) To the Landlord’s actual knowledge, (i) no hazardous materials are present on the Building in violation of any
Environmental Laws, (ii) no underground storage tanks are present on the Building, and (iii) no action, proceeding or claim is
pending or threatened regarding the Building concerning any hazardous materials or pursuant to any Environmental Laws.
Notwithstanding anything to the contrary in this Lease, under no circumstance shall Tenant be liable for, and Landlord shall
indemnify, defend and hold harmless Tenant from and against, all losses, costs, claims, liabilities and damages (including reasonable
attorneys’ and consultants’ fees) of every type and nature, directly or indirectly arising out of or in connection with any hazardous
materials present at any time on or about the Building, or the soil, air, improvements, groundwater or surface water thereof, or the
violation of any Law relating to any such hazardous materials, except to the extent that any of the foregoing results from the acts or
omissions of Tenant or Tenant’s agents, employees, or contractors.
3.6 ADA. With respect to obligations arising under the Americans with Disabilities Act of 1990, regulations issued
thereunder, the Accessibility Guidelines for Buildings and Facilities issued pursuant thereto, and any applicable requirements under
comparable or related state law, as the same are in effect on the date hereof and may be hereafter modified or amended or
supplemented (collectively the “ADA”):
(a) Landlord shall comply with the ADA with respect to operation of the Common Areas, work done in Common
Areas (including, without limitation and as the case may be, alterations, barrier removal, or new construction) and reconstruction and
restoration of the
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