SDC/Pullman Partners v. Tolo Inc

In SDC/Pullman Partners v. Tolo Inc. (1997) 60 Cal.App.4th 37, the Court dealt with the cleanup clause in a contract, not its indemnity clause, and held that the cleanup clause should not be unreasonably construed to require Tolo to go to literally impossible lengths in an effort to denude the property of anything that was on the federal list of hazardous substances, including health food supplements (see id. at p. 47). While we did not deal with the indemnity clause in the lease, we did observe that our opinion was without prejudice to the landlord in the event that the government were to bring some sort of proceeding to make it clean up the property. (See id. at p. 53.)