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4 4 Hazardous Mateâ–ºials
<br /> (a) Pot the purpose of this Section 4 4, the term "Hazardous Materials" includes, without
<br /> limitation, any flammable explosives, radioactive materials, hazardous mates tals, hazardous
<br /> wastes hazardous or toxic substances, or related materials defined in the Comprehensive
<br /> Environmental Response, Compensation and Liability Act of 1980, as amended (42 U S C
<br /> §9601 et seq ), the Hazardous Materials Transportation Act, as amended (49 U S C § 180 1 et
<br /> seq ), the Resource Conservation and Recovery Act of 1976, as amended (42 U S C §9601 et
<br /> seq ), Section 25117 of the California Health & Safety Code, Section 25316 of the California
<br /> Health & Safety Code, and in the regulations adopted and publications promulgated pursuant
<br /> to them, of any other federal, state or local environmental laws, ordinances, rules or
<br /> regulations concerning the environment, industrial hygiene of public health of safety now in
<br /> effect or enacted after the Effective Date
<br /> (b) (a) Any Hazardous Materials brought upon, kept of used in or about the Premises or
<br /> the Airport by Tenant, its agents, employees, contractors or invitees, shall be necessary or
<br /> useful to Tenant's business and shall be used, kept and stored in a manner that complies with
<br /> all laws, statutes, ordinances, rules, regulations, orders, requirements, and policies of any and
<br /> all governmental agencies and author sties applicable to any such Hazardous Materials
<br /> ("Hazardous Materials Laws")
<br /> (c) if Tenant breaches the obligations stated in subparagraph (b) of this Section 4 4, of if
<br /> the presence of Hazardous Mater ials on the Premises results in contarnmation of the Premises
<br /> of the Airport, of if Hazardous Materials are otherwise dischatged or released from the
<br /> Premises, then Tenant shall indemnify, defend and hold City harmless from and against any
<br /> and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including,
<br /> without limitation, diminution to value of the Airport, damages for the loss or restriction on
<br /> use of rentable or usable space of of any amenity of the Airport, damages arising from any
<br /> adverse impact on marketing of space in the Airport, and sums paid in settlement of claims,
<br /> attorneys' fees, consultant fees and expert fees) which arise during or after the term of this
<br /> Agreement as a result of such breach, contamination, discharge or release This
<br /> indemnification of City by Tenant includes, without limitation, costs incurred in connection
<br /> with any investigation of site conditions or any cleanup, remedial, removal of restoration
<br /> work required by any federal, state or local governmental agency of political subdivision
<br /> because of Hazardous Materials present in, on or under the Premises Without limiting the
<br /> foregoing, if the presence of any Hazardous Materials on the Premises results in any
<br /> contamination of the Airport, of otherwise results in the release or discharge on, under of
<br /> from the Premises of Hazardous Materials, Tenant shall promptly take all actions at its sole
<br /> expense as are necessary to return the Airport to the condition existing prior to the
<br /> introduction of any such Hazardous Materials to the Airport of to otherwise remove and/or
<br /> abate the release of dtschatged Hazardous Materials, provided that City's approval of such
<br /> actions shall first be obtained, which approval shall not be unreasonably withheld so long as
<br /> such actions would not potentially have any material adverse long-term or short-term effect
<br /> on the Airport, will not unreasonably interfere with the use and enjoyment of other portions
<br /> of the Airport, and will be performed in accordance with all Hazardous Mateiials Laws
<br /> Upon the termination of this Agreement, Tenant shall surrender the Premises to City free of
<br /> any and all Hazardous Materials and in compliance with all Hazardous Materials Laws This
<br /> indemnification shall survive the termination of expiration of this Agreement
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