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7.4 Changes to Rules and Regulations of Use. In its discretion, City may make such
<br />changes to the provisions set forth in sections 7.2 through 7.3 as it deems necessary to
<br />implement the security protocols of Livermore's Municipal Water System. City shall give
<br />Zone 7 written notice of any such changes and Zone 7 agrees to comply with such
<br />provisions.
<br />7.5 Hazardous Materials. In addition to the rules restrictions set forth in the Lease,
<br />Agreement Zone 7 shall not cause or permit any Hazardous Materials to be permanently
<br />stored, used or disposed of, or in the Premises by Zone 7, Zone 7's agents, employees,
<br />contractors or invitees, without first having obtained City's prior, written consent. If
<br />Hazardous Materials are stored, generated, used or disposed of on or in the Premises
<br />except as permitted above, or if the Premises become contaminated in any manner for
<br />which Zone 7 is responsible, Zone 7 shall indemnify and hold City harmless from any and
<br />all claims, damages, fines, judgments, penalties, costs (including reasonable attorney's
<br />fees), liabilities or losses (including without limitation, a decrease in value of the Premises,
<br />Property, and adjacent real property or damages due to adverse impact on marketing of
<br />the Premises), and any and all sums paid for settlement of claims, attorney's fees,
<br />consultant and experts' fees arising during or after the initial term or any extension and
<br />arising as a result of such Hazardous Discharge or Contamination by Zone 7 or its
<br />employees, agents, or designated representatives. For purposes of this Lease Agreement,
<br />the following terms shall have the meanings set forth below:
<br />(a) "Hazardous Materials" shall mean any toxic or hazardous wastes, pollutants,
<br />materials or substances, including, without limitation, asbestos, PCB's, petroleum products,
<br />radioactive substances or their by-products, other substances defined or listed as
<br />"hazardous substances", "hazardous materials", "hazardous wastes" or'Yoxic substances in
<br />or pursuant to the Comprehensive Environmental Response, Compensation and Liability
<br />Act of 1980, 42 U.S.C. Sections 9601, et seq., ("CERCLA"); the Hazardous Materials
<br />Transportation Act, 49 USC Sections 1802, et seq.; the Resource Conservation and
<br />Recovery Act, 42 U.S.C. §§6901 et seq.; the Toxic Substance Control Act of 1976, 15
<br />U.S.C. §§2601 et seq.; any "toxic pollutant" under the Clean Water Act, 33 U.S.C. §§1251
<br />et seq.; any hazardous air pollutant under the Clean Air Act, 42 U.S.C. §§7901 etseq.; the
<br />California Hazardous Substance Account Act, California Health & Safety Code ("CH&SC")
<br />§125300 et seq., the Hazardous Waste Control Law, CM&SC §§25100 et seq.; in or
<br />pursuant to or identified as causing cancer or reproductive toxicity in the California Safe
<br />Drinking Water & Toxic Enforcement Act of 1986, CM&SC §§25249.5 etseq.; and CM&SC
<br />§§ 25249.8, 25117, 25316; all as such laws may be amended; any hazardous or toxic
<br />substance, material, chemical, waste or pollutant now or hereafter regulated under any
<br />other applicable federal, state or local environmental laws, without limitation; and any other
<br />matter in the nature thereof arising pursuant to the jurisdiction of any public agency.
<br />(b) "Hazardous Discharge" and "Contamination" shall mean the happening of any
<br />event involving an emission, spill, release or discharge ("Release") into or upon (a) the air,
<br />(b) soils or any improvements located thereon, (c) surface or ground water, (d) the sewer,
<br />septic system or waste treatment, storage or disposal system servicing the Premises, of
<br />any Hazardous Material, or (e) any other matter in the nature thereof arising pursuant to
<br />the jurisdiction of any public agency.
<br />Lease Agreement -Zane 7 Page 7
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