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BOOK Gi PAGE 76G
<br />known to cause cancer or reproductive problems and those materials,
<br />substances and/or waste, including infectious waste, medical waste, and
<br />potential infectious biomedical waste, which are or later become regulated by any
<br />local governmental authority, the state in which the Premises are located or the
<br />United States Government, including, but not limited to, substances defined as
<br />"Hazardous Substances," Hazardous Materials," "Toxic Substances," or
<br />"Hazardous Waste" in the Comprehensive Environmental Response,
<br />Compensation, and Liability Act of 1980, as amended, 42 U.S.C. § 9601, et seq,
<br />the Hazardous Materials Transportation Act, 49 U.S.C. §1801. of sue, the
<br />Resource Conservation and Recovery Act, and any law, ordinance or regulation
<br />dealing with underground storage tanks; and in the regulations adopted,
<br />published and/or promulgated pursuant to said laws, and in any other
<br />environmental law, regulation or ordinance now existing or hereinafter enacted
<br />(collectively, "Hazardous Materials Laws").
<br />b) Landlord's Representations and Warranties Re Condition of Premises at
<br />Commencement of Lease Landlord hereby represents and warrants to Tenant
<br />as follows, which representations are made as of the date of execution of the
<br />Lease and as of the Lease Commencement Date:
<br />i) No Violation of Hazardous Material Laws. Landlord has not
<br />generated, manufactured, refined, transported, treated, stored, handled,
<br />disposed of, transferred, produced or processed any Hazardous Materials
<br />on the Premises, except in full compliance with all Hazardous Materials
<br />Laws, and there is no on-going release of Hazardous Materials on, under,
<br />or about the Premises.
<br />ii) No Notices Litigation or Liens. Landlord has not received any
<br />request for information, notice, demand letter, administrative inquiry, or
<br />formal or informal complaint or claim from or by any public or private
<br />agency or entity concerning any release or discharge of any Hazardous
<br />Materials on, under, about or off of the Premises or any alleged violation
<br />of any Hazardous Materials Laws involving the Premises or any property
<br />in the vicinity of the Premises. No litigation is pending or, to the actual
<br />knowledge of Landlord without investigation, threatened with respect to
<br />the Premises concerning any Hazardous Materials or any Hazardous
<br />Materials Laws. No lien has been imposed or to the actual knowledge of
<br />the Landlord without investigation, threatened to be imposed against the
<br />Premises by any governmental agency or entity in connection with the
<br />presence of Hazardous Materials or violation of any Hazardous Materials
<br />Laws on or off of the Premises.
<br />iii) Radon Gas. Radon is a naturally occurring radioactive gas that,
<br />when it has accumulated in a building in sufficient quantities, may present
<br />health risks to persons who are exposed to it over time. Levels of randon
<br />that exceed federal or state guidelines have been found in buildings in the
<br />state in which the Premises are located. Additional information regarding
<br />radon and radon testing may be obtained from the county public health
<br />unit.
<br />c) Use of Premises by Tenant Remediation of Contamination Caused by Tenant
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