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Material" means and includes any hazardous, toxic or dangerous waste, substance or material <br />defined as such in (or for purposes of) the Comprehensive Environmental Response, <br />Compensation, and Liability Act, and so- called "Superfund" or "Super lien" law, or any federal, <br />state or local statute, law, ordinance, code, rule, regulation, order decree regulation, relating to, <br />or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous <br />waste, substance or material, as now or at any time hereafter in effect. Tenant shall submit to <br />Landlord on annual basis copies of its approved hazardous materials communication plan, <br />OSHA monitoring plan, and permits required by the Resource Recovery and Conservation Act of <br />1976, if Tenant is required to prepare, file or obtain any such plans or permits. Tenant will <br />indemnify and hold harmless Landlord from any losses, liabilities, damages, costs or expenses <br />(including reasonable attorney's fees) which Landlord may suffer or incur as a result of Tenant's <br />introduction into or onto the Leased Property, of any Hazardous Material. This paragraph shall <br />survive the expiration or sooner termination of this Lease. <br />38. CAPTIONS: <br />The captions are inserted only as a mater of convenience and for reference, and in no way define, <br />limit or describe the scope of this Lease nor the intent or any provision thereof. <br />39. ATTACHMENTS: <br />See the Exhibits attached hereto and made a part hereof. <br />Exhibit Description <br />Exhibit A Leased Property Rules and Regulations <br />Exhibit B Graphic Depiction of Leased Property <br />Exhibit C Lease Guarantee by Mark Kaufman <br />40. SUBMISSION: <br />Submission of this instrument to Tenant or proposed Tenant or its agents or attorneys for <br />examination, review, consideration or signature does not constitute or imply an offer to lease, <br />reservation of space, or option to lease, and this instrument shall have no binding legal effect <br />until execution hereof by both Landlord /Owner and Tenant or its agents. <br />41. LEASE GUARANTEE: <br />This Lease shall not be a valid legally binding agreement between the parties hereto until the <br />Lease Guarantee by Mark Kaufman, attached hereto as Exhibit C has been signed by said Mark <br />Kaufman. <br />18 <br />