Chapter 6 - FORM 6DD • LEASE PROVISION — USE OF HAZARDOUS MATERIALS

• Jurisdiction: Colorado

FORM 6DD • LEASE PROVISION — USE OF HAZARDOUS MATERIALS

Tenant's Use and Management of Hazardous Materials:

a. Tenant may use and store on the premises reasonable quantities of the Hazardous Materials listed on Exhibit [ ] hereto, including properly contained waste from use, manufacture or packaging of such Hazardous Materials.

b. Tenant shall not use, manufacture, manage, store or otherwise place on the premises any other Hazardous Materials except upon written approval of landlord.

c. Tenant shall provide landlord copies of Material Safety Data Sheets for all Hazardous Materials used, manufactured, stored or otherwise place on the premises.

d. Tenant shall provide landlord a copy of any Hazardous Materials response plan, and the name and contact information for any emergency response coordinator, that tenant is required to maintain pursuant to Environmental Law.

e. In the case of an unpermitted discharge, disposal, release, spill, or leak of Hazardous Materials relating to tenant's use or possession of the premises, tenant shall immediately control and contain all such Hazardous Materials and notify landlord in writing of the incident; the immediate control and remediation response actions taken by tenant; any notifications provided to any governmental agency; and any responses, notifications, or actions taken by any governmental agency.

f. Tenant diligently shall remediate any media, wherever located, contaminated by Hazardous Materials located on the premises during the Lease Term, to standards established by or pursuant to Environmental Law for unrestricted use of the premises. Tenants' remediation obligation shall include, without limitation, investigation of soil, groundwater and any other potentially contaminated media; characterization of the contamination; development of remedial...