Common use of Hazardous Substance Disclosure Clause in Contracts

Hazardous Substance Disclosure. California law requires landlords ------------------------------ to disclose to tenants the existence of certain hazardous substances. Accordingly, the existence of gasoline and other automotive fluids, maintenance fluids, copying fluids and other office supplies and equipment, certain construction and finish materials, tobacco smoke, cosmetics and other personal items, and asbestos-containing materials ("ACM") must be disclosed. Gasoline and other automotive fluids are found in the garage area of the Building. Cleaning, lubricating and hydraulic fluids used in the operation and maintenance of the Building are found in the utility areas of the Building not generally accessible to Building occupants or the public. Many Building occupants use copy machines and printers with associated fluids and toners, and pens, markers, inks, and office equipment that may contain hazardous substances. Certain adhesives, paints and other construction materials and finishes used in portions of the Building may contain hazardous substances. Although smoking is prohibited in the public areas of the Building, these areas may, from time to time, be exposed to tobacco smoke. Building occupants and other persons entering the Building from time-to-time may use or carry prescription and non-prescription drugs, perfumes, cosmetics and other toiletries, and foods and beverages, some of which may contain hazardous substances. Further, certain portions of the Building contain ACM in the form of fireproofing on structural elements, heat insulation sealed within fire doors, and small areas of resilient floor tile, but these areas are generally inaccessible to Building occupants and visitors, such as machinery and utility rooms, the inside of sealed walls and above suspended ceilings. Landlord has made no special investigation of the Premises with respect to any hazardous substances. Tenant agrees not to expose or disturb any ACM unless Landlord has given Tenant prior written consent thereto (which consent may be denied in Landlord's sole discretion) and Tenant complies with all applicable Legal Requirements and Landlord's written procedures for handling ACM. Tenant's failure to comply with the immediately preceding sentence shall constitute an Event of Default under Paragraph 25 of this Lease. Tenant may obtain a copy of Landlord's written procedures for handling ACM from the Building office.

Hazardous Substance Disclosure. California law requires landlords to ------------------------------ to disclose to tenants the existence of certain hazardous substances. Accordingly, the existence of gasoline and other automotive fluids, maintenance fluids, copying fluids and other office supplies and equipment, certain construction and finish materials, tobacco smoke, cosmetics and other personal items, and asbestos-containing materials ("ACM") must be disclosed. Gasoline and other automotive fluids are found in the garage area of the Building. Cleaning, lubricating and hydraulic fluids used in the operation and maintenance of the Building are found in the utility areas of the Building not generally accessible to Building occupants or the public. Many Building occupants use copy machines and printers with associated fluids and toners, and pens, markers, inks, and office equipment that may contain hazardous substances. Certain adhesives, paints and other construction materials and finishes used in portions of the Building may contain hazardous substances. Although smoking is prohibited in the public areas of the Building, these areas may, from time to time, be exposed to tobacco smoke. Building occupants and other persons entering the Building from time-to-time may use or carry prescription and non-prescription drugs, perfumes, cosmetics and other toiletries, and foods and beverages, some of which may contain hazardous substances. Further, certain portions of the Building contain ACM in the form of fireproofing on structural elements, heat pipe insulation sealed within fire doors, and small located in areas of resilient floor tile, but these areas are generally inaccessible to Building occupants and visitors, such as machinery and utility rooms, the inside of sealed walls and above suspended ceilings. Landlord has made no special investigation of the Premises with respect to any hazardous substances. Tenant agrees not to expose or disturb any ACM unless Landlord has given Tenant prior written consent thereto (which consent may be denied in Landlord's sole discretion) and Tenant complies with all applicable Legal Requirements and Landlord's written procedures for handling ACM. Tenant's failure to comply with the immediately preceding sentence shall constitute an Event of Default under Paragraph 25 of this Lease. Tenant may obtain a copy of Landlord's written procedures for handling ACM from the Building office.

Hazardous Substance Disclosure. California law requires landlords ------------------------------ to disclose to tenants the existence of certain hazardous substances. Accordingly, the existence of gasoline and other automotive fluids, maintenance fluids, copying fluids and other office supplies and equipment, certain construction and finish materials, tobacco smoke, cosmetics and other personal items, and asbestos-containing materials ("ACM") ACM must be disclosed. Gasoline and other automotive fluids are found in the garage area of the Building. Cleaning, lubricating and hydraulic fluids used in the operation and maintenance of the Building Premises are found in the utility areas of the Building Premises not generally accessible to Building Premises occupants or the public. Many Building occupants use copy machines and printers with associated fluids and toners, and pens, markers, inks, and office equipment that may contain hazardous substances. Certain adhesives, paints and other construction materials and finishes used in portions of the Building Premises may contain hazardous substances. Although smoking is prohibited in the public areas of the BuildingPremises, these areas may, from time to time, be exposed to tobacco smoke. Building Premises occupants and other persons entering the Building Premises from time-to-time may use or carry prescription and non-prescription drugs, perfumes, cosmetics and other toiletries, and foods and beverages, some of which may contain hazardous substances. Further, certain portions of the Building contain ACM in the form of fireproofing on structural elements, heat insulation sealed within fire doors, and small areas of resilient floor tile, but these areas are generally inaccessible to Building occupants and visitors, such as machinery and utility rooms, the inside of sealed walls and above suspended ceilings. Landlord has made no special investigation of the Premises with respect to any hazardous substances. Notwithstanding the foregoing, Tenant agrees not to expose or disturb any ACM unless Landlord has given Tenant prior written consent thereto (which consent may be denied in Landlord's sole discretion) and Tenant complies with all applicable Legal Requirements and Landlord's ’s written procedures for handling ACM. Tenant's failure to comply with the immediately preceding sentence shall constitute an Event of Default under Paragraph 25 of this Lease. Tenant may obtain a copy of Landlord's written procedures for handling ACM from the Building office.

Hazardous Substance Disclosure. California law requires landlords ------------------------------ to disclose to tenants the existence of certain hazardous substances. Accordingly, the existence of gasoline and other automotive fluids, maintenance fluids, copying fluids and other office supplies and equipment, certain construction and finish materials, tobacco smoke, cosmetics and other personal items, and asbestos-containing materials ("ACM") ACM must be disclosed. Gasoline and other automotive fluids are found in the garage area of the Building. Cleaning, lubricating and hydraulic fluids used in the operation and maintenance of the Building Premises are found in the utility areas of the Building Premises not generally accessible to Building Premises occupants or the public. Many Building occupants use copy machines and printers with associated fluids and toners, and pens, markers, inks, and office equipment that may contain hazardous substances. Certain adhesives, paints and other construction materials and finishes used in portions of the Building Premises may contain hazardous substances. Although smoking is prohibited in the public areas of the BuildingPremises, these areas may, from time to time, be exposed to tobacco smoke. Building Premises occupants and other persons entering the Building Premises from time-to-time may use or carry prescription and non-prescription drugs, perfumes, cosmetics and other toiletries, and foods and beverages, some of which may contain hazardous substances. Further, certain portions of the Building contain ACM in the form of fireproofing on structural elements, heat insulation sealed within fire doors, and small areas of resilient floor tile, but these areas are generally inaccessible to Building occupants and visitors, such as machinery and utility rooms, the inside of sealed walls and above suspended ceilings. Landlord Xxxxxxxx has made no special investigation of the Premises with respect to any hazardous substances. Tenant Notwithstanding the foregoing, Xxxxxx agrees not to expose or disturb any ACM unless Landlord has given Tenant prior written consent thereto (which consent may be denied in Landlord's sole discretion) and Tenant complies with all applicable Legal Requirements and Landlord's ’s written procedures for handling ACM. Tenant's failure to comply with the immediately preceding sentence shall constitute an Event of Default under Paragraph 25 of this Lease. Tenant may obtain a copy of Landlord's written procedures for handling ACM from the Building office.

Hazardous Substance Disclosure. California law requires landlords ------------------------------ to disclose to tenants the existence of certain Hazardous Materials. As used herein, “Hazardous Materials” means any chemical, substance, material, controlled substance, object, condition, waste, living organism or combination thereof, whether solid, semi-solid, liquid or gaseous, which is or may be hazardous to human health or safety or to the environment due to its radioactivity, ignitability, corrosivity, reactivity, explosivity, toxicity, carcinogenicity, mutagenicity, phytotoxicity, infectiousness or other harmful or potentially harmful properties or effects, including, without irritation, tobacco smoke, petroleum and petroleum products, asbestos, radon, polychlorinated biphenyls (PCBs), refrigerants (including those substances defined in the Environmental Protection Agency’s “Refrigerant Recycling Rule,” as amended from time to time) and all of those chemicals, substances, materials, controlled substances, objects, conditions, wastes, living organisms or combinations thereof which are now or become in the future listed, defined or regulated in any manner by any Environmental Law based upon, directly or indirectly, such properties or effects. Accordingly, the existence of gasoline and other automotive fluids, asbestos containing materials, maintenance fluids, copying fluids and other office supplies and equipment, certain construction and finish materials, tobacco smoke, cosmetics and other personal items, and asbestos-containing materials ("ACM") items must be disclosed. Gasoline and other automotive fluids are found in the garage area parking areas of the BuildingDevelopment. Cleaning, lubricating and hydraulic fluids used in the operation and maintenance of the Building are found in the utility areas of the Building not generally accessible to Building occupants or the public. Many Building occupants use copy machines and printers with associated fluids and toners, and pens, markers, inks, and office equipment that may contain hazardous substancesHazardous Materials. Certain adhesives, paints and other construction materials and finishes used in portions of the Building may contain hazardous substancesHazardous Materials. Although smoking is prohibited in the public areas of the Building, these areas may, The Building may from time to time, time be exposed to tobacco smoke. Building occupants and other persons entering the Building from time-to-time to time may use or carry prescription and non-prescription drugs, perfumes, cosmetics and other toiletries, and foods and beverages, some of which may contain hazardous substancesHazardous Materials. Further, certain portions of the Building contain ACM in the form of fireproofing on structural elements, heat insulation sealed within fire doors, and small areas of resilient floor tile, but these areas are generally inaccessible to Building occupants and visitors, such as machinery and utility rooms, the inside of sealed walls and above suspended ceilings. Landlord has made no special investigation of the Premises with respect to any hazardous substances. Tenant agrees not to expose or disturb any ACM unless Landlord has given Tenant prior written consent thereto (which consent may be denied in Landlord's sole discretion) and Tenant complies with all applicable Legal Requirements and Landlord's written procedures for handling ACM. Tenant's failure to comply with the immediately preceding sentence shall constitute an Event of Default under Paragraph 25 By its execution of this Lease, Tenant acknowledges that the notice set forth hereinabove shall constitute the notice required under California Health and Safety Code Section 25915.5. The Development was constructed on property that was part of the regional South Bay Asbestos Area Superfund Site under regulatory oversight of the United States Environmental Protection Agency (“EPA”) and the California Department of Toxic Substances Control (“DTSC”) because it contained fill materials that included construction debris including transits pipe, a material that typically contains asbestos, in addition to materials that had been removed from a nearby landfill in the 1960’s during relocation of the Xxxxxxxxx River channel. Steps were taken to remove these materials prior to construction of the buildings that now comprise the Development. Any materials that might not have been removed were isolated in place by installation of a soil cap and a sealed sixty (60)-mil thick polyethylene liner under the buildings. A venting system was installed to collect any methane that might be generated by the decomposition of any organic landfill material remaining in the soil. Asbestos, which is a hazardous substance, may be located on or beneath the property. To ensure that there is no exposure to the asbestos, there is a soil management plan in effect to maintain the cap integrity. Tenants shall not perform any actions that disturb the soil or asphalt at the Development. Notwithstanding anything to the contrary in this Lease, Tenant shall not take any action, plan or activity that might disturb the soil or asphalt, or could xxxxxx the polyethylene liner under the Buildings or interfere with the sub-surface venting system. The Development is subject to a deed restriction that limits use of the property to industrial and/or commercial use and requires that the integrity of the cap be maintained. Tenant may obtain shall abide by this and all other restrictions affecting the Development. Landlord and Tenant have executed this Lease as of the day and year first above written. LANDLORD: XXXXX TECHNOLOGY CENTER, LLC, a copy of LandlordDelaware limited liability company By: BixbyBIT Investments, LLC, a Delaware limited liability company its sole member By: BLC Incentive Management, LLC, a Delaware limited liability company, its Managing Member By: Xxxxx Land Company, a California corporation, its Managing Member By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: CFO By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: VP Operations TENANT: FUSION-IO, a Nevada corporation By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Sr. VP, Operations By: Name: Title: Tenant's written procedures for handling ACM from the Building office.Tax ID Number (SSN or FEIN)

Hazardous Substance Disclosure. California law requires landlords ------------------------------ to disclose to tenants the existence of certain hazardous substances. Accordingly, the existence of gasoline and other automotive fluids, maintenance fluids, copying fluids and other office supplies and equipment, certain construction and finish materials, tobacco smoke, cosmetics and other personal items, and asbestos-containing materials ("“ACM"”) must be disclosed. Gasoline and other automotive fluids are found in the garage area of the Building. Cleaning, lubricating and hydraulic fluids used in the operation and maintenance of the Building Real Property are found in the utility areas of the Building Real Property not generally accessible to Building Real Property occupants or the public. Many Building occupants use copy machines and printers with associated fluids and toners, and pens, markers, inks, and office equipment that may contain hazardous substances. Certain adhesives, paints and other construction materials and finishes used in portions of the Building Real Property may contain hazardous substances. Although smoking is prohibited in the public areas of the BuildingReal Property, these areas may, from time to time, be exposed to tobacco smoke. Building Real Property occupants and other persons entering the Building Real Property from time-to-time may use or carry prescription and non-prescription drugs, perfumes, cosmetics and other toiletries, and foods and beverages, some of which may contain hazardous substances. Further, certain portions During original construction of the Building contain ACM Building, asbestos-containing mastic was used to bond floor tile in the form of fireproofing on structural elements, heat insulation sealed within fire doors, and small areas of resilient floor tileadjacent to the core, but these areas are this material is generally inaccessible to Building occupants and visitors, such as machinery and utility roomsit is located below the floor tile. Asbestos-containing drywall-taping mud was used in Building stairwells, the inside of sealed restroom walls and above suspended ceilings. Landlord has made no special investigation of the Premises with respect elevator lobbies, but this material is generally inaccessible to any hazardous substancesBuilding occupants and visitors. Tenant agrees not to expose or disturb any ACM referenced in the immediately preceding sentence unless Landlord has given Tenant prior written consent thereto (which consent may be denied in Landlord's sole discretion) and Tenant complies with all applicable Legal Requirements and Landlord's ’s written procedures for handling ACM. Tenant's failure to comply with the immediately preceding sentence shall constitute an Event of Default under Paragraph 25 of this Lease. Tenant may obtain a copy of Landlord's ’s written procedures for handling ACM from the Building office.

Hazardous Substance Disclosure. California law requires landlords ------------------------------ to disclose to tenants the existence of certain hazardous substances. Accordingly, the existence of gasoline and other automotive fluids, maintenance fluids, copying fluids and other office supplies and equipment, certain construction and finish materials, tobacco smoke, cosmetics and other personal items, and asbestos-containing materials ("ACM") must be disclosed. Gasoline and other automotive fluids are found in the garage area of the Building. Cleaning, lubricating and hydraulic fluids used in the operation and maintenance of the Building are found in the utility areas of the Building not generally accessible to Building occupants or the public. Many Building occupants use copy machines and printers with associated fluids and toners, and pens, markers, inks, and office equipment that may contain hazardous substances. Certain adhesives, paints and other construction materials and finishes used in portions of the Building may contain hazardous substances. Although smoking is prohibited in the public areas of the Building, these areas may, from time to time, be exposed to tobacco smoke. Building occupants and other persons entering the Building from time-to-time may use or carry prescription and non-prescription drugs, perfumes, cosmetics and other toiletries, and foods and beverages, some of which may contain hazardous substances. Further, certain portions of the Building contain ACM in the form of fireproofing on structural elements, heat insulation sealed within fire doors, and small areas of resilient floor tile, but these areas are generally inaccessible to Building occupants and visitors, such as machinery and utility rooms, the inside of sealed walls and above suspended ceilings. Landlord has made no special investigation of the Premises with respect to any hazardous substances. Tenant agrees not to expose or disturb any ACM unless Landlord has given Tenant prior written consent thereto (which consent may be denied in Landlord's sole discretion) and Tenant complies with all applicable Legal Requirements and Landlord's written procedures for handling ACM. Tenant's failure to comply with the immediately preceding sentence shall constitute an Event of Default under Paragraph 25 of this Lease. Tenant may obtain a copy of Landlord's written procedures for handling ACM from the Building office.

Hazardous Substance Disclosure. California law requires landlords ------------------------------ to disclose to tenants the existence of certain hazardous substances. Accordingly, the existence of gasoline and other automotive fluids, maintenance fluids, copying fluids and other office supplies and equipment, certain construction and finish materials, tobacco smoke, cosmetics and other personal items, and asbestos-containing materials ("ACM") must be disclosed. Gasoline and other automotive fluids are found in the garage area of the Building. Cleaning, lubricating and hydraulic fluids used in the operation and maintenance of the Building are found in the utility areas of the Building not generally accessible to Building occupants or the public. Many Building occupants use copy machines and printers with associated fluids and toners, and pens, markers, inks, and office equipment that may contain hazardous substances. Certain adhesives, paints and other construction materials and finishes used in portions of the Building may contain hazardous substances. Although smoking is prohibited in the public areas of the Building, these areas may, from time to time, be exposed to tobacco smoke. Building occupants and other persons entering the Building from time-to-time may use or carry prescription and non-prescription drugs, perfumes, cosmetics and other toiletries, and foods and beverages, some of which may contain hazardous substances. Further, certain portions of the Building contain ACM in the form of fireproofing on structural elements, heat insulation sealed within fire doors, and small areas of resilient floor tile, but these areas are generally inaccessible to Building occupants and visitors, such as machinery and utility rooms, the inside of sealed walls and above suspended ceilings. Landlord has made no special investigation of the Premises with respect to resxxxx xx any hazardous substances. Tenant agrees not to expose or disturb any ACM unless Landlord has given xxxxx Tenant prior written consent thereto (which consent may be denied in Landlord's sole discretion) and Tenant complies with all applicable Legal Requirements and Landlord's written procedures for handling ACM. Tenant's failure to comply with the immediately preceding sentence shall constitute an Event of Default under Paragraph 25 of this Lease. Tenant may obtain a copy of Landlord's written procedures for handling ACM from the Building officeofxxxx.

Hazardous Substance Disclosure. California law requires landlords ------------------------------ to disclose to tenants the existence of certain hazardous substances. Accordingly, the existence of gasoline and other automotive fluids, maintenance fluids, copying fluids and other office supplies and equipment, certain construction and finish materials, tobacco smoke, cosmetics and other personal items, and asbestos-containing materials ("ACM") ACM must be disclosed. Gasoline and other automotive fluids are found in the garage area of the Building. Cleaning, lubricating and hydraulic fluids used in the operation and maintenance of the Building Premises are found in the utility areas of the Building Premises not generally accessible to Building Premises occupants or the public. Many Building occupants use copy machines and printers with associated fluids and toners, and pens, markers, inks, and office equipment that may contain hazardous substances. Certain adhesives, paints and other construction materials and finishes used in portions of the Building Premises may contain hazardous substances. Although smoking is prohibited in the public areas of the BuildingPremises, these areas may, from time to time, be exposed to tobacco smoke. Building Premises occupants and other persons entering the Building Premises from time-to-time may use or carry prescription and non-prescription drugs, perfumes, cosmetics and other toiletries, and foods and beverages, some of which may contain hazardous substances. Further, certain portions of the Building contain ACM in the form of fireproofing on structural elements, heat insulation sealed within fire doors, and small areas of resilient floor tile, but these areas are generally inaccessible to Building occupants and visitors, such as machinery and utility rooms, the inside of sealed walls and above suspended ceilings. 1005628.07/SF 375170-00002/11-24-16/mrm/mrm -60- Landlord has made no special investigation of the Premises with respect to any hazardous substances. Notwithstanding the foregoing, Tenant agrees not to expose or disturb any ACM unless Landlord has given Tenant prior written consent thereto (which consent may be denied in Landlord's sole discretion) and Tenant complies with all applicable Legal Requirements and Landlord's ’s written procedures for handling ACM. Tenant's failure to comply with the immediately preceding sentence shall constitute an Event of Default under Paragraph 25 of this Lease. Tenant may obtain a copy of Landlord's written procedures for handling ACM from the Building office.