Health Net 2009 Annual Report Download - page 402

(b) Limitations on Use. Tenant shall not (either with or without negligence) cause or permit the escape, disposal or release
of any Hazardous Materials. Tenant shall not allow the storage or use of Hazardous Materials in any manner not sanctioned by
law or by the highest standards prevailing in the industry for the storage or use of such substances or materials, nor allow to be
brought onto the Building or Project any such materials or substances, except that Tenant may maintain products in the Premises
which are customarily incidental to normal operation of business offices in Marin County, such as photocopy supplies,
secretarial supplies and limited janitorial supplies which products contain chemicals which are categorized as Hazardous
Materials, provided that the use of such products in the Premises by Tenant shall be in compliance with applicable laws and
shall be in the manner in which such products are designed to be used. In addition, Tenant shall execute affidavits,
representations and the like from time to time at Landlord’s request concerning Tenant’s best knowledge and belief regarding
the presence of Hazardous Materials on the Premises. The covenants of this Section 25 shall survive the expiration or earlier
termination of this Lease.
(c) Environmental Obligations. Landlord and Tenant shall notify each other in writing of (i) any enforcement, clean-up,
removal or other governmental action instituted with regard to Hazardous Materials involving the Project, (ii) any claim made
by any person against either of the parties related to Hazardous Materials in the Premises or the Project, (iii) any reports made to
any governmental agency arising out of or in connection with Hazardous Materials in the Premises or the Project including,
without limitation, any complaints, notices or warnings, and (iv) any spill, release, discharge or disposal of Hazardous Materials
in the Premises or the Project that is required to be reported to any governmental agency or authority under any applicable
governmental law, rule or regulation. Tenant shall indemnify and hold Landlord and its affiliates harmless with respect to any
environmental claims or liabilities which occur as a result of the breach by Tenant of any of Tenant’s covenants set forth in
Section 25(b) above or this Section 25(c) and from any escape, seepage, leakage, spillage, discharge, emission, release from,
onto or into the Premises, the Building or the Project of any Hazardous Materials to the extent caused: (i) by Tenant or Tenant’s
agents, contractors, trustees, partners, members, shareholders, officers, employees, guests or invitees (collectively, the “Tenant
Parties”), or (ii) as a result of the active or passive negligence of Tenant or any Tenant Party.
(d) Limitation on Tenant Covenants. The covenants of Tenant set forth in Sections 25(b) and 25(c) above shall not pertain
to, and shall specifically exclude, any claim or liability arising in connection with any Hazardous Materials which are either:
(i) first brought onto the Project by Landlord or its employees or contractors; or (ii) exist on the Project as of the date of this
Lease.
(e) Disclosures by Landlord. Landlord hereby discloses to Tenant that previous owners, occupants or others possessed,
used and may have disposed of construction materials and debris and other Hazardous Materials in or about the Project or
portions thereof. Tenant acknowledges and agrees that Landlord has not made any warranty or representation as to the condition
of the Project, including, without limitation, the presence or absence of Hazardous Materials thereon.
(f) Landlord’s Duty to Remediate and Indemnity.
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