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enjoyment of property, and all judicial orders promulgated under said laws; and 4) all
<br />comparable local laws and comparable laws of other jurisdictions.
<br />"Environmental Media means soil or other geologic materials at all depths, groundwater at all
<br />depths, surface water including storm water and sewerage, indoor and outdoor air, and all living
<br />organisms, including without limitation humans and all other species of animals and plants,
<br />whether such Environmental Media are located on or off the Demised Premises.
<br />"Hazardous Materials" means any ignitable, reactive, explosive, corrosive, carcinogenic,
<br />mutagenic, toxic or radioactive material, whether virgin material, secondary material, byproduct,
<br />waste -or recycled material, defined, regulated or designated as a contaminant, pollutant,
<br />hazardous or toxic substance, material, waste, contaminant or pollutant under any Environmental
<br />Laws or any other federal, state or local law, statute, regulation, ordinance, or governmental
<br />policy presently in effect or as amended or promulgated in the future, and shall specifically
<br />include, without limitation: (a) those materials included within the definitions of "hazardous
<br />substances," " extremely hazardous substances," "hazardous materials," "toxic substances" "toxic
<br />pollutants," "hazardous air pollutants" "toxic air contaminants," "solid waste," "pollutants,"
<br />contaminants" or similar categories under any Environmental Laws; (b) those materials which
<br />create liability under common law theories of public or private nuisance, negligence, trespass or
<br />strict liability; and (c) specifically including, without limitation, any material, waste or
<br />substance which contains: (i) petroleum or petroleum derivatives; (ii) asbestos; (iii)
<br />polychlorinated biphenyls; (iv) formaldehyde; and (v) radon.
<br />" Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging,
<br />injecting, escaping, leaching, dumping or disposing into any Environmental Media. For the
<br />purposes of this Lease, " Release" also includes any potential or threatened Release.
<br />" Remedial Activities" means any investigation, removal, repair, cleanup, abatement,
<br />remediation, natural resource damage assessment and restoration, closure, post -closure,
<br />detoxification or remedial activity of any kind whatsoever necessary to address Environmental
<br />Conditions.
<br />" Use" means the receipt, handling, generation, storage, treatment, recycling, transfer,
<br />transportation, introduction, or incorporation into, on, about, under or from the Demised
<br />Premises.
<br />(b) Landlord makes no warranties or representations of any kind, or in any manner
<br />or in any form whatsoever, as to the status of Environmental Conditions or Hazardous Materials
<br />at the Demised Premises. Landlord has granted Tenant the absolute right to inquire with regard
<br />to the Environmental Conditions of the Demised Premises, including the right to inquire and
<br />obtain from Landlord or Landlord's predecessor copies of any and all existing environmental
<br />assessments. Landlord agrees to furnish Tenant with all copies of environmental reports covering
<br />the Demised Premises, if any, which are in the possession of Landlord. Tenant will conduct at its
<br />own expense any and all investigations regarding Environmental Conditions of the Demised
<br />Premises and will satisfy itself as to the clearance or existence of Hazardous Materials
<br />contamination of the Demised Premises. Tenant's entry into this Lease shall be made at its sole
<br />risk.
<br />Section 37.02 From and after the Effective Date, Tenant shall not be entitled to install or
<br />maintain any underground tanks or be entitled to the Use of any Hazardous Materials at the
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