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17. Hazardous Materials
<br />17.1 For the Lease, the term "Hazardous Materials" means any hazardous or toxic
<br />substance, material or waste which is or becomes regulated by any federal, state,
<br />political subdivision, or local government entity or agency. The term "Hazardous
<br />Material" includes, without limitation, any material or substance that is (i) defined
<br />as a "hazardous substance" under Colorado law, (ii) petroleum, (iii) asbestos, (iv)
<br />designated as a "hazardous substance" pursuant to Section 311 of the Federal
<br />Water Pollution Control Act (33.U.S.C. §1321), (v) defined as a "hazardous waste"
<br />pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act
<br />(42 U.S.C. §6903), (vi) defined as a "hazardous substance" pursuant to Section
<br />101 of the Comprehensive Environmental Response, Compensation and Liability
<br />Act (42 U.S.C. §9601), or (vii) defined as a "regulated substance" pursuant to
<br />Subchapter IX, Solid Waste Disposal Act (Regulation of Underground Storage
<br />Tanks) (42 U.S.C. §6991).
<br />17.2 The Lessee shall not cause or permit the use, storage, placement or release of
<br />any Hazardous Material on or about the Premises by the Lessee, Lessee's agents,
<br />employees, contractors, subcontractors, subtenants, or invitee, without the prior
<br />written consent of the City s Fire Chief, or designee, and the County. If the Lessee
<br />breaches an obligation of the preceding sentence, then the Lessee shall indemnify,
<br />defend and hold the Lessor harmless from all claims, judgements, penalties, fines,
<br />costs, liabilities or losses (including, without limitation, diminution in value of the
<br />Premises, damages for the loss or restriction on use of the Premises or of any
<br />amenity of the Premises, sums paid in settlement of claims, attomeys' fees,
<br />consultants' fees and experts' fees) which arise during or after the Lease term as a
<br />result of such contamination. This indemnification of the Lessor by the Lessee
<br />includes, without limitation, all costs the Lessor incurs with any investigation of site
<br />condition or any cleanup, remediation, removal, or restoration work any federal,
<br />state, political subdivision, or local government entity or agency requires because
<br />of Hazardous Material present in the soil or groundwater on or under the Premise.
<br />Without limiting the above, if the Lessee permits the presence of any Hazardous
<br />Material that results in any contamination of the Premises, the Lessee shall
<br />promptly take all action, at Lessee's sole expense, necessary to return the
<br />Premises to the condition existing before the introduction of any such Hazardous
<br />Material.
<br />18. Miscellaneous
<br />18.1 No waiver of default by the Lessor of any of the terms, covenants, warranties or
<br />conditions hereof to be performed, kept or observed by Lessee shall be construed
<br />as, or operate as, a waiver of the County of any of the terms, covenants,
<br />warranties or conditions herein contained, to be performed, kept or observed by
<br />Lessee.
<br />(Revised 1-15-03) 2.05.4(2)(e)-56
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