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LA515\1\1013142.v2 2
<br />on the Leased Premises. The Tenant agrees to use normal and customary farming
<br />practices in the care and maintenance of the Leased Premises and, without limiting
<br />normal practices, keep the Leased Premises free of noxious weeds to the greatest
<br />extent possible;
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<br />B. The Tenant agrees that throughout the term of this Lease, the Tenant shall not use
<br />the Leased Premises for the storage, handling, transportation, or disposal of any
<br />Hazardous Substances. “Hazardous Substances” for purposes of this Lease shall
<br />be interpreted broadly to include, but not be limited to, any material or substance
<br />that is defined, regulated, or classified under any Environmental Law or other
<br />applicable federal, state, or local laws and the regulations promulgated thereunder
<br />as: (i) a “hazardous substance” pursuant to Section 101 of the Comprehensive
<br />Environmental Response, Compensation, and Liability Act, 42 U.S.C. §9601 (14),
<br />the Federal Water Pollution Control Act, 33 U.S.C. §1321(14), as now or hereafter
<br />amended; (ii) a “hazardous waste” pursuant to Section 1004 or Section 3001 of the
<br />Resource Conservation and Recovery Act, 42 U.S.C. §§6903(5) , 6921, as now or
<br />hereafter amended; (iii) toxic pollutant under Section 307(a)(1) of the Federal
<br />Water Pollution Control Act, 33 U.S.C. §1317(a)(1) as now or hereafter amended;
<br />(iv) a “hazardous air pollutant” under Section 112 of the Clean Air Act, 42 U.S.C.
<br />§7412(a)(6), as now or hereafter amended; (v) a “hazardous material” under the
<br />Hazardous Materials Transportation Uniform Safety Act of 1990, 49 U.S.C.
<br />§5102(2), as now or hereafter amended; (vi) toxic or hazardous pursuant to
<br />regulations promulgated now or hereafter under the aforementioned laws or any
<br />state or local counterpart to any of the aforementioned laws; or (vii) presenting a
<br />risk to human health or the environment under other applicable federal, state or
<br />local laws, ordinances or regulations, as now or as may be passed or promulgated
<br />in the future. “Hazardous Substances” shall also mean any substance that after
<br />release into the environment or upon exposure, ingestion, inhalation, or
<br />assimilation, either directly from the environment or directly by ingestion through
<br />food chains, will or may reasonably be anticipated to cause death, disease, behavior
<br />abnormalities, cancer, or genetic abnormalities and specifically includes, but is not
<br />limited to, asbestos, polychlorinated biphenyls (“PCBs”), radioactive materials,
<br />including radon and naturally occurring radio nuclides, natural gas, natural gas
<br />liquids, liquefied natural gas, synthetic gas, oil, petroleum and petroleum-based
<br />derivatives, and urea formaldehyde;
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<br />C. The Tenant agrees to comply with all statutes, ordinances, rules, orders, regulations,
<br />and requirements of the federal, state, county, municipal, watershed, and other units
<br />of government regulating the use of the Leased Premises;
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<br />D. The Tenant shall not do anything in or about the Leased Premises which will in any
<br />way impair or invalidate the obligation of the insurer under any policy of insurance
<br />required by this Lease;
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<br />E. The Tenant shall not make any alterations or improvements to the Leased Premises
<br />without the City’s prior written consent. Any additions or improvements
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