TranSystems Corporation - LGM Construction

H-5
generation, spillage, migration, discharge, release, treatment, and disposal of any
Toxic Materials.
“Toxic Materials”: (1) Substances that are toxic, corrosive, reactive, or ignitable;
(ii) petroleum products, crude oil (or any fraction thereof) and their derivatives;
(iii) explosives, asbestos, radioactive materials, hazardous wastes, toxic substances or
related hazardous materials; (iv) noxious fumes, vapors, soot or smoke; and
(v) substances which now or in the future are defined by applicable local, State or
federal law as “hazardous substances,” “hazardous materials,” “hazardous wastes,”
“reproductive toxins,” or “toxic substances,” or regulated under applicable local, state
or federal law, including those so defined in or regulated under any of the following:
15 U.S. Code Section 2601, et seq. (the Toxic Substances Control Act); 33 U.S. Code
Section 1251, et seq. (the Federal Water Pollution Control Act); 42 U.S. Code Section
6901, et seq. (the Resource Conservation and Recovery Act); 42 U.S. Code Section
7401, et seq. (the Clean Air Act); 42 U.S. Code Section 9601, et seq. (the
Comprehensive Environmental Response, Compensation and Liability Act; 49 U.S.
Code Section 1801, et seq. (the Hazardous Materials Transportation Act); California
Health & Safety Code (“H&S Code”) Section 25100, et seq. (Hazardous Waste
Control); H&S Code Section 25300, et seq. (the Hazardous Substance Control Act);
H&S Code Section 25404 et seq. (Unified Hazardous Waste and Hazardous Materials
Management Regulatory Program); H&S Code Section 25531 et seq. (Hazardous
Materials Management); H&S Code Section 18901 et seq. (California Building
Standards); California Water Code Section 13000, et seq. (the Porter-Cologne Water
Quality Control Act); local fire codes; the regulations adopted and promulgated
pursuant to such statutes, and any regulations adopted pursuant to such statutes after
the effective date of the Lease, as well as any subsequently enacted federal or
California statute relating to the use, release or disposal of toxic or hazardous
substances, or to the remediation of air, surface waters, groundwater, soil or other
media contaminated with such substances; and any other substance designated by
Landlord as a Toxic Material, upon a reasonable finding by the Landlord’s Executive
Director or Deputy Executive Director and notice to the Lessee, that the substance
poses a hazard to human health, safety, or the environment.
“Exempted Toxic Materials”: Ordinary office and janitorial supplies in amounts
reasonably necessary for their intended purpose, substances in cooling systems (e.g.,
refrigerators and air conditions units), or automobiles, used in the ordinary course of
permitted uses and the standard contents of those systems and automobiles, so long as
said items are stored, used, handled, transported and disposed of in accordance with
all Environmental Laws and the provisions of this Agreement are complied with.
Prohibited Substances. The following substances are prohibited from being brought
onto the Site, except to the extent they are Exempted Toxic Materials:
Arsines
Etching solutions