Common use of Environmental Disclosures Clause in Contracts

Environmental Disclosures. The following paragraph shall be added to the Lease as Paragraph 38 Environmental Disclosures. Section 25359.7 of the California Health and Safety Code requires landlords of non-residential real property who know, or have reasonable cause to believe, that any release of a hazardous substance has come to be located on or beneath their real property to provide written notice of such to a lessee of the real property. The Property, of which the Premises are a part, is located within the boundaries of the Middlefield-Xxxxx-Xxxxxxx Superfund Site Study Area ("MEW Site"). As such, hazardous substances may exist on and/or beneath the Property. The EPA is overseeing the investigation, monitoring, remediation and response actions being conducted at the MEW Site. Information concerning the MEW Site can be found by accessing the EPA's website at; xxxx://xxxxxxxx.xxx.xxx/x0/xxxxx/x0xxxxxx.xxxX/xxxXxXXXXX/XXX000000000. The responsible parties for the contamination ("RPs") have long been conducting investigations, monitoring and remediation activities at the MEW Site including, without limitation, groundwater remediation. The Building was constructed with an EPA-approved vapor intrusion barrier. Following construction, Landlord shall use reasonable efforts to cause the RPs to periodically test the Building's indoor air, as required by EPA, to verify that the Building's indoor air quality complies with EPA's MEW Site cleanup levels for commercial buildings, however. Tenant acknowledges that Landlord is not a responsible party for remediation of any such hazardous substances and does not assume responsibility for the same, except as required by law. Tenant further acknowledges that the provision of this disclosure does not impose any additional legal obligations or duties on Landlord. Tenant shall cooperate and provide reasonable access to the Premises for air quality testing, inspections, mitigation and remediation, as needed. Tenant shall not initiate any communication with any governmental agencies concerning hazardous substances existing at the Premises and/or the MEW Site, without first notifying Landlord in writing of its intention to do so and allowing Landlord to (a) participate in any meetings or conference calls with the governmental agencies and (b) review in advance, and provide comments to, any proposed communications with the governmental agencies.

Environmental Disclosures. The following paragraph shall be added Due to the Lease as Paragraph 38 Environmental Disclosuresunavailability of commercial disposal facilities for naturally occurring radioactive materials waste ("NORM"), Warren has had to store and retain certain volumes of NORM on site axx xxx Facility. Section 25359.7 These NORM wastes result from the fractionation of Raw Product received at the Facility. Such NORM waste is predominately Pb 210 NORM waste and concentrates in particulate removed in the Facility's amine treating system filters and in sludge present in various vessels in the Facility, including sumps which capture water that is drained from various vessels. No disposal facility is currently available in the State of Texas for such NORM waste and same will continue to be generated and stored at the Facility after the Effective Date until cost effective disposal services can be obtained by the Operator. Such wastes are currently stored in approximately seventy five 55 gallon drums and various containers located at the Facility, the exact location of which was disclosed to Amoco representatives, but which is secured. EXHIBIT H GUARANTY This Guaranty Agreement (the "Guaranty") is made effective January 1, 1998 (the "Effective Date") by Amoco Oil Company, a Maryland Corporation ("Guarantor") in favor of Warren Petroleum Company, Limited Partnership and its subsidiaries axx xxxiliates ("Beneficiary") in consideration of the California Health Beneficiary entering into various agreements with Amoco Fractionation Company and Safety Code requires landlords of non-residential real property who knowAmoco MBF Company (the "Obligors"), or have reasonable cause both Delaware corporations, relating to believethe Cedar Bayou Fractionators, that any release of L.P., a hazardous substance has come Delaware limited partnership. The Beneficiary and Obligors are anticipating entering into the following agreements with regard to be located on or beneath their real property to provide written notice of such to a lessee the formation of the real property. The Property, of which Partnership (the Premises are a part, is located within the boundaries of the Middlefield-Xxxxx-Xxxxxxx Superfund Site Study Area ("MEW Site"). As such, hazardous substances may exist on and/or beneath the Property. The EPA is overseeing the investigation, monitoring, remediation and response actions being conducted at the MEW Site. Information concerning the MEW Site can be found by accessing the EPA's website at; xxxx://xxxxxxxx.xxx.xxx/x0/xxxxx/x0xxxxxx.xxxX/xxxXxXXXXX/XXX000000000. The responsible parties for the contamination ("RPsPartnership Agreements") have long been conducting investigations, monitoring whereby the Obligors will assume certain obligations and remediation activities at make certain warranties and indemnities as more fully described in those agreements (the MEW Site including, without limitation, groundwater remediation. The Building was constructed with an EPA-approved vapor intrusion barrier. Following construction, Landlord shall use reasonable efforts to cause the RPs to periodically test the Building's indoor air, as required by EPA, to verify that the Building's indoor air quality complies with EPA's MEW Site cleanup levels for commercial buildings, however. Tenant acknowledges that Landlord is not a responsible party for remediation of any such hazardous substances and does not assume responsibility for the same, except as required by law. Tenant further acknowledges that the provision of this disclosure does not impose any additional legal obligations or duties on Landlord. Tenant shall cooperate and provide reasonable access to the Premises for air quality testing, inspections, mitigation and remediation, as needed. Tenant shall not initiate any communication with any governmental agencies concerning hazardous substances existing at the Premises and/or the MEW Site, without first notifying Landlord in writing of its intention to do so and allowing Landlord to (a) participate in any meetings or conference calls with the governmental agencies and (b) review in advance, and provide comments to, any proposed communications with the governmental agencies."Obligations"):

Environmental Disclosures. The following paragraph shall be added to the Lease as Paragraph 38 Environmental Disclosures. Section 25359.7 of the California Health and Safety Code requires landlords of non-residential real property who know, or have reasonable cause to believe, that any release of a hazardous substance has come to be located on or beneath their real property to provide written notice of such to a lessee of the real property. The Property, of which the Premises are a part, is located within the boundaries of the Middlefield-Xxxxx-Xxxxxxx Superfund Site Study Area ("“MEW Site"”). As such, hazardous substances may exist on and/or beneath the Property. The EPA is overseeing the investigation, monitoring, remediation and response actions being conducted at the MEW Site. Information concerning the MEW Site can be found by accessing the EPA's ’s website at; xxxx://xxxxxxxx.xxx.xxx/x0/xxxxx/x0xxxxxx.xxxX/xxxXxXXXXX/XXX000000000: xxxx://xxxxxxxx.xxx.xxx/r9/sfund/r9sfdocw.nsf/ViewByEPAID/CAD982463812. The responsible parties for the contamination ("“RPs"”) have long been conducting investigations, monitoring and remediation activities at the MEW Site including, without limitation, groundwater remediation. The Building was constructed with an EPA-approved vapor intrusion barrier. Following construction, Landlord shall use reasonable efforts to cause the RPs to periodically test the Building's ’s indoor air, as required by EPA, to verify that the Building's ’s indoor air quality complies with EPA's ’s MEW Site cleanup levels for commercial buildings, however. , Tenant acknowledges that Landlord is not a responsible party for remediation of any such hazardous substances and does not assume responsibility for the same, except as required by law. Tenant further acknowledges that the provision of this disclosure does not impose any additional legal obligations or duties on Landlord. Tenant shall cooperate and provide reasonable access to the Premises for air quality testing, inspections, mitigation and remediation, as needed. Tenant shall not initiate any communication with any governmental agencies concerning hazardous substances existing at the Premises and/or the MEW Site, without first notifying Landlord in writing of its intention to do so and allowing Landlord to (a) participate in any meetings or conference calls with the governmental agencies and (b) review in advance, and provide comments to, any proposed communications with the governmental agencies.

Environmental Disclosures. The following paragraph shall be added As-Is. Landlord hereby discloses to the Lease as Paragraph 38 Environmental Disclosures. Section 25359.7 of the California Health Tenant -------------------------------- and Safety Code requires landlords of non-residential real property who know, or have reasonable cause to believe, Tenant hereby acknowledges that any release of a hazardous substance Landlord has come to be located on or beneath their real property to provide written notice of such to a lessee of the real property. The Property, of which advised Tenant that groundwater in and around the Premises are a partmay be contaminated with Hazardous Materials which were released by parties other than Landlord, is located within the boundaries of the Middlefield-Xxxxx-Xxxxxxx Superfund Site Study Area ("MEW Site"). As such, hazardous substances may exist on and/or beneath the Property. The EPA is overseeing the investigation, monitoring, remediation and response actions being conducted at the MEW Site. Information concerning the MEW Site can be found by accessing the EPA's website at; xxxx://xxxxxxxx.xxx.xxx/x0/xxxxx/x0xxxxxx.xxxX/xxxXxXXXXX/XXX000000000. The responsible parties for the contamination ("RPs") have long been conducting investigations, monitoring and remediation activities at the MEW Site including, without limitation, significant quantities of halogenated volatile organic compounds released into the groundwater remediationby Teledyne Semiconductor and Spectra-Physics Laser, both of whom operated facilities located directly upgradient of the Premises. The Building was constructed Landlord has provided Tenant with an EPA-approved vapor intrusion barrier. Following constructionthe groundwater monitoring reports described on Schedule 2 attached hereto, Landlord shall use reasonable efforts to cause the RPs to periodically test the Building's indoor air, as required by EPA, to verify that the Building's indoor air quality complies with EPA's MEW Site cleanup levels for commercial buildings, however. which Tenant acknowledges that Landlord is not a responsible party for remediation receipt of any such hazardous substances and does not assume responsibility for the sameand, except as for ----------- disclosures to the attorneys, auditors, officers, directors, shareholders, accountants, investment bankers, lenders, and consultants of Tenant or disclosures required by law, agrees to keep confidential and not to disclose the contents thereof (to the extent not a matter of public record) during or subsequent to the term of this Lease without the prior written consent of Landlord which Landlord may grant or withhold in its sole discretion. Tenant further may obtain more information about the groundwater in and around the Premises from publicly available files at the Regional Water Quality Control Board and other agencies. By entering into this Lease, Tenant acknowledges and agrees (a) that Tenant has had an opportunity to hire any consultants and make any inquiries about the provision environmental condition of this disclosure does the Premises and the soil and groundwater conditions in and around the Premises that Tenant deems desirable, (b) that Tenant's representatives and advisors are knowledgeable in real estate and environmental matters, (c) that Tenant accepts the Premises in "AS-IS" and "WITH ALL FAULTS" condition and (d) that Tenant is not impose relying on any additional legal obligations warranty or duties representation, express or implied, by or on Landlord. Tenant shall cooperate and provide reasonable access behalf of Landlord with respect to the Premises for including the soil, air quality testing, inspections, mitigation and remediation, as neededgroundwater thereof. Tenant shall not initiate any communication with any governmental agencies Landlord makes no representations and warranties concerning hazardous substances existing at (x) the environmental condition of the Premises and/or or the MEW Siteenvironment in and around the Premises including the soil, without first notifying Landlord air and groundwater thereof, (y) the presence or absence of Hazardous Materials in writing the Premises and the soil, air and groundwater thereof, or (z) the safety of its intention the Premises for Tenant's employees or the likelihood that by demolition of portions of the Premises and improving the Premises pursuant to do so the Work Letter and allowing Landlord occupying and using the Premises, Tenant's employees will be exposed to (a) participate in any meetings or conference calls with the governmental agencies and (b) review in advance, and provide comments to, any proposed communications with the governmental agenciesHazardous Materials.

Environmental Disclosures. The following paragraph shall be added to the Lease as Paragraph 38 Environmental Disclosures. Section 25359.7 of the California Health Tenant understands and Safety Code requires landlords of non-residential real property who know, or have reasonable cause to believe, agrees that any release of a hazardous substance has come to be located on or beneath their real property to provide written notice of such to a lessee of the real property. The Property, of which the Premises are a partbeing leased in an “as is, is located within the boundaries of the Middlefield-Xxxxx-Xxxxxxx Superfund Site Study Area ("MEW Site"). As such, hazardous substances may exist on and/or beneath the Property. The EPA is overseeing the investigation, monitoring, remediation and response actions being conducted at the MEW Site. Information concerning the MEW Site can be found by accessing the EPA's website at; xxxx://xxxxxxxx.xxx.xxx/x0/xxxxx/x0xxxxxx.xxxX/xxxXxXXXXX/XXX000000000. The responsible parties for the contamination ("RPs") have long been conducting investigations, monitoring and remediation activities at the MEW Site including, without limitation, groundwater remediation. The Building was constructed with an EPA-approved vapor intrusion barrier. Following construction, Landlord shall use reasonable efforts to cause the RPs to periodically test the Building's indoor air, as required by EPA, to verify that the Building's indoor air quality complies with EPA's MEW Site cleanup levels for commercial buildings, however. Tenant acknowledges that Landlord is not a responsible party for remediation of any such hazardous substances and does not assume responsibility for the same, except as required by lawall faults” condition. Tenant further understands and agrees that the “as-is, with all faults” condition of the Premises includes any current and future contamination of the Premises, including structures, soils, groundwater, and adjacent surface water and sediment, and that information received from the Commission regarding such matters may not be complete or accurate and should not be accepted as such. Tenant hereby acknowledges that excavation or dredging of soils or sediments from the provision Premises could result in exportation of this disclosure does not impose a regulated waste requiring Regulated Waste Removal. The Commission takes no responsibility and assumes no liability whatsoever for Regulated Waste Removal. Accordingly, Tenant hereby waives any additional legal obligations Claim, or duties potential Claim, it may have to recover costs or expenses arising out of or associated with Regulated Waste Removal and agrees to indemnify, defend and hold harmless the Commission, the Town, and their respective members, directors, officers, agents and employees from and against any and all Claims arising from, out of, or in any way related to Regulated Waste Removal. The Commission, at its sole discretion may conduct any necessary Regulated Waste Removal and charge Tenant the cost of such removal together with interest thereon from the date of payment by the Commission until paid at (10%) per annum. The Commission accepts no liability or responsibility for ensuring that Tenant’s workers, including without limitation those conducting testing, construction and maintenance activities on Landlordthe Premises, are satisfactorily protected from residual contaminants. Tenant shall cooperate assess all human health risks from vapor transport or direct contact with residual Hazardous Material and provide reasonable access incorporate such engineering and institutional controls as may be required to the Premises for air quality testing, inspections, mitigation sufficiently protect human health of onsite workers and remediation, as neededtransient visitors. Tenant shall not initiate hereby waives any communication with Claim, or potential Claim, it may have related to worker exposure or alleged exposure to any governmental agencies concerning hazardous substances existing at residual onsite contamination and to indemnify, defend and hold harmless the Premises and/or Commission, the MEW Site, without first notifying Landlord in writing of its intention to do so and allowing Landlord to (a) participate in any meetings or conference calls with the governmental agencies and (b) review in advanceTown, and provide comments totheir respective members, directors, officers, agents and employees from and against any proposed communications with the governmental agenciesand all such Claims.

Environmental Disclosures. Landlord hereby discloses to Tenant and Tenant hereby acknowledges that it understands and accepts the following. (i) The following paragraph shall be added to the Lease as Paragraph 38 Environmental Disclosures. Section 25359.7 of the California Health and Safety Code requires landlords of non-residential real property who know, or have reasonable cause to believe, that any release of a hazardous substance has come to be located on or beneath their real property to provide written notice of such to a lessee of the real property. The Property, of which the Premises are a part, Project is located within the boundaries of the Middlefield-Xxxxx-Xxxxxxx Superfund Site Study Area ("“MEW Site"”). As such, hazardous substances may exist on and/or beneath the Property. The EPA is the lead agency overseeing the investigation, monitoring, remediation and response actions being conducted at the MEW Site. Information concerning the MEW Site can be found by accessing the EPA's ’s website at; xxxx://xxxxxxxx.xxx.xxx/x0/xxxxx/x0xxxxxx.xxxX/xxxXxXXXXX/XXX000000000(xxxx://xxxxxxxx.xxx.xxx/r9/sfund/r9sfdocw.nsf/ViewByEPAID/CAD982463812). The Schlumberger Technology Corporation (“STC”), successor to Xxxxxxxxx Camera and Instrument Corporation (“Xxxxxxxxx”), and other responsible parties for the contamination ("RPs"“MEW Responsible Parties”) have long been conducting investigations, monitoring and remediation activities at the MEW Site including, without limitation, groundwater remediation(“Remedial Work”). The Building was constructed with EPA issued an Administrative Order for Remedial Design and Remedial Action, Docket Number 91-4A on November 29, 1990 requiring implementation of a remedy for the MEW Site (“1990 Order”) which it amended on September 16, 2011, when EPA issued Amendment 91-4A to the 1990 Order (“Amended Order”). The EPA issued a Record of Decision Amendment for the Vapor Intrusion Pathway on August 16, 2010 (“VI ROD”). The VI ROD and the Amended Order identify the potential for subsurface soil gas to emanate into existing and future structures from the impacted groundwater; they define the remedy EPA requires to be implemented in connection therewith. The VI ROD and Amended Order require the installation of an EPA-approved vapor barrier and sub-slab ventilation system that has the ability to be made active under the Building (“Sub-Slab System”). (ii) Although groundwater remediation has long been underway at the MEW Site, the EPA re-evaluates the groundwater remedy every five years. Based on the most recent Five Year Review conducted by EPA in 2009 for the MEW Site (available on the EPA website), the EPA is currently considering whether enhancements to the groundwater remedy are in order, primarily for the purpose of expediting groundwater cleanup and reducing (or ideally eliminating completely) the potential for vapor intrusion barrierfrom impacted groundwater. Following constructionThe EPA is currently conducting pilot treatability studies to ascertain what groundwater remedy enhancements may be feasible; the Feasibility Study that will evaluate those options is currently underway. Accordingly, Landlord shall use reasonable efforts to cause the RPs to periodically test the Building's indoor air, as required by EPA, to verify possibility exists that the Building's indoor air quality complies with EPA's MEW Site cleanup levels for commercial buildingsResponsible Parties and EPA may require access to the Project to install modifications of, however. Tenant acknowledges that Landlord is not a responsible party for remediation of any such hazardous substances or enhancements to, the Remediation Equipment (as defined below) and does not assume responsibility for the same, except as required by law. Tenant further acknowledges that the provision of this disclosure does not impose any additional legal obligations or duties on Landlord. Tenant shall cooperate and provide reasonable access to the Premises for air quality testingto implement the OM&M Plan, inspectionsprovided that any access into the Building shall comply with the provisions of Article 27 of this Lease and Section 29.19.4(x) below. (iii) Prior to Landlord’s acquisition of the Project and prior to construction of the Building, mitigation a portion of the Project (with the former street address of 644 National) was owned and remediation, as neededoperated by Xxxxxxxxx (“Former Xxxxxxxxx Premises”). Tenant shall not initiate any communication with any governmental agencies concerning hazardous substances existing at the The Former Xxxxxxxxx Premises and/or is an identified contributing source to the MEW Site. There is currently situated on the Former Xxxxxxxxx Premises a remedial treatment system which treats groundwater extracted from under the Project. There are also a number of monitoring and extraction xxxxx at the Project that are monitoring regional MEW Site groundwater (collectively, without first notifying Landlord in writing the “Remediation Equipment.”) STC holds a perpetual easement to access the Former Xxxxxxxxx Premises (“STC Easement”), allowing it to implement investigation and remediation of its intention the environmental impacts. Tenant acknowledges and agrees that this Lease is subject to do so the STC Easement. Additionally, EPA has oversight of the MEW Site and, from time to time, EPA and allowing Landlord the MEW Responsible Parties will require, and Tenant hereby agrees to (a) participate in provide access to the Project, provided that any meetings or conference calls access into the Building shall comply with the governmental agencies provisions of Article 27 of this Lease and (bSection 29.19.4(x) review in advance, and provide comments to, any proposed communications with the governmental agenciesbelow.

Environmental Disclosures. The following paragraph shall be added As-Is. Landlord hereby discloses to Tenant -------------------------------- and Tenant hereby acknowledges that Landlord has advised Tenant that (i) Landlord has previously engaged and continues to engage in pharmaceutical research in the Lease as Paragraph 38 Environmental Disclosures. Section 25359.7 ground floor of the California Health 1010 Xxxxxxx building and Safety Code requires landlords of non-residential real property who know, or have reasonable cause to believe, that any release of a hazardous substance has come to be located on or beneath their real property to provide written notice of such to a lessee in connection therewith operates laboratories and uses Hazardous Materials in the ground floor of the real property. The Property, of which 1010 Xxxxxxx building and (ii) that groundwater in and around the Premises are a partmay be contaminated with Hazardous Materials which were released by parties other than Landlord, is located within the boundaries of the Middlefield-Xxxxx-Xxxxxxx Superfund Site Study Area ("MEW Site"). As such, hazardous substances may exist on and/or beneath the Property. The EPA is overseeing the investigation, monitoring, remediation and response actions being conducted at the MEW Site. Information concerning the MEW Site can be found by accessing the EPA's website at; xxxx://xxxxxxxx.xxx.xxx/x0/xxxxx/x0xxxxxx.xxxX/xxxXxXXXXX/XXX000000000. The responsible parties for the contamination ("RPs") have long been conducting investigations, monitoring and remediation activities at the MEW Site including, without limitation, significant quantities of halogenated volatile organic compounds released into the groundwater remediationby Teledyne Semiconductor and Spectra-Physics Laser, both of whom operated facilities located directly upgradient of the Premises. The Building was constructed Landlord has provided Tenant with an EPA-approved vapor intrusion barrier. Following constructionthe groundwater monitoring reports described on Schedule 2 attached hereto, Landlord shall use reasonable efforts to cause the RPs to periodically test the Building's indoor air, as required by EPA, to verify that the Building's indoor air quality complies with EPA's MEW Site cleanup levels for commercial buildings, however. which Tenant acknowledges that Landlord is not a responsible party for remediation receipt of any such hazardous substances and does not assume responsibility for the sameand, except as for ---------- disclosures to the attorneys, auditors, officers, directors, shareholders, accountants, investment bankers, lenders, and consultants of Tenant or disclosures required by law, agrees to keep confidential and not to disclose the contents thereof (to the extent not a matter of public record) during or subsequent to the term of this Lease without the prior written consent of Landlord which Landlord may grant or withhold in its sole discretion. Tenant further may obtain more information about the groundwater in and around the Premises from publicly available files at the Regional Water Quality Control Board and other agencies. By entering into this Lease, Tenant acknowledges and agrees (a) that Tenant has had an opportunity to hire any consultants and make any inquiries about the provision environmental condition of this disclosure does the Premises, the 1010 Xxxxxxx building and the soil and groundwater conditions in and around the Premises that Tenant deems desirable, (b) that Tenant's representatives and advisors are knowledgeable in real estate and environmental matters, (c) that Tenant accepts the Premises in "AS-IS" and "WITH ALL FAULTS" condition and (d) that Tenant is not impose relying on any additional legal obligations warranty or duties representation, express or implied, by or on Landlord. Tenant shall cooperate and provide reasonable access behalf of Landlord with respect to the Premises for including the soil, air quality testing, inspections, mitigation and remediation, as neededgroundwater thereof. Tenant shall not initiate any communication with any governmental agencies Landlord makes no representations and warranties concerning hazardous substances existing at (x) the environmental condition of the Premises and/or or the MEW Siteenvironment in and around the Premises including the soil, without first notifying Landlord air and groundwater thereof, (y) the presence or absence of Hazardous Materials in writing the Premises and the soil, air and groundwater thereof, or (z) the safety of its intention the Premises for Tenant's employees or the likelihood that by demolition of portions of the Premises and improving the Premises pursuant to do so the Work Letter and allowing Landlord occupying and using the Premises, Tenant's employees will be exposed to (a) participate in any meetings or conference calls with the governmental agencies and (b) review in advance, and provide comments to, any proposed communications with the governmental agenciesHazardous Materials.