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7 <br /> <br />26. ENVIRONMENTAL WARRANTIES: Notwithstanding any other provision of <br />this Lease, Tenant's use of the leased Premises is expressly subject to the condition precedent <br />that Tenant comply with the warranties, representations and covenants set forth in this section. <br />Tenant warrants, represents and covenants as follows: <br /> <br />a. Tenant shall conduct no activity or allow to be conducted any activity or use <br />of the leased Premises which would result in the presence of any "Hazardous <br />Materials" or any "Hazardous Materials Contamination" on the leased <br />Premises; <br /> <br />(i) "Hazardous Materials" means (a) any "hazardous waste" as defined <br />by the Resource Conservation and Recovery Act of 1976 (42 <br />U.S.C. § 6901, et seq.), as amended from time to time, and <br />regulations promulgated thereunder; (b) any <br />"hazardous substance" as defined by the Comprehensive <br />Environmental Response, Compensation and Liability Act of 1980 <br />(42 U.S.C. § 9601, et seq.), as amended from time to time, and <br />regulations promulgated thereunder; (c) radon and material <br />quantities of petroleum products; (d) any substance the presence of <br />which on the leased Premises is regulated by any federal, state or <br />local law relating to the protection of the environment or public <br />health; and (e) any other substance which by law requires special <br />handling in its collection, storage, treatment or disposal. <br /> <br />(ii) "Hazardous Materials Contamination" means the contamination <br />(whether presently existing or occurring after the date hereof) of <br />the improvements, facilities, soil, ground water, surface water, air <br />or other elements on or under the leased Premises by hazardous <br />materials, or the contamination (whether presently existing or <br />occurring after the date hereof) of the buildings, facilities, soil, <br />ground water, surface water, air or other elements on or under any <br />other property as a result of hazardous materials emanating from <br />the leased Premises. <br /> <br />b. Tenant shall obtain all necessary federal, state and local environmental <br />permits necessary for its business and use of the Premises, if any; <br /> <br />c. Tenant shall at all times be in full compliance with the terms and conditions of <br />its environmental permits; <br /> <br />d. Tenant shall be in compliance with all applicable federal, state and local <br />environmental statutory and regulatory requirements, other than those <br />contained in its permits; <br /> <br />e. There are no pending environmental civil, criminal or administrative <br />proceedings against Tenant;