282-22 Exhibit - HCP - West Orange - Pre-closing Access Agreement Execution (Dated 10_26_22).pdf

8567849 v1 #13423370.1 #13443682.1 SCHEDULE 1 DEFINED TERMS “Activities” has the meaning ascribed to such term in Section 3 of this Agreement. “Agreement” has the meaning ascribed to such term in the heading. “Business Day” means any day other than a Saturday, Sunday or a day on which national banking associations are authorized or required to close. “Confidential Information” has the meaning ascribed to such term in Section 10 of this Agreement. “Entrant” has the meaning ascribed to such term in the heading of this Agreement. “Environmental Laws” mean all applicable federal, state and local laws, ordinances, rules, regulations, codes or orders, including, without limitation, any requirement imposed under any permits, licenses, judgments, decrees, agreements or recorded covenants, conditions, restrictions or easements, the purpose of which is to protect the environment, human health, public safety or welfare, or which pertain to Hazardous Materials. “Governmental Authority” means the federal, state, county or municipal government, and any department, agency, bureau or other similar type body obtaining authority therefrom or created pursuant to any Environmental Laws and having jurisdiction over the Premises. “Hazardous Materials” means any product, substance, chemical, material or waste whose presence, nature, quantity and/or intensity of existence, use, manufacture, processing, treatment, storage, disposal, transportation, spill, or release is regulated, monitored, or subject to reporting by any governmental authority, including, but not limited to, hydrocarbons, petroleum, gasoline, asbestos containing materials, crude oil or any products or byproducts thereof. “Owner” has the meaning ascribed to such term in the heading of this Agreement. “Owner Parties” means, collectively, (1) Owner; (2) Owner’s property manager (if any); (3) any direct or indirect owner of any beneficial interest in Owner; and (4) any officer, director, employee, representative or agent of Owner, Owner’s property manager, or any direct or indirect owner of any beneficial interest in Owner. “Parties” has the meaning ascribed to such term in the heading of this Agreement. “Permitted Parties” has the meaning ascribed to such term in the recitals of this Agreement.