|
4 4 Hazardous Materials
<br />(a) For the purpose of this Section 4 4, the term "Hazardous Materials" includes, without
<br />limitation, any flammable explosives, radioactive materials, hazardous materials, 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 § 1801 et
<br />seq ), the Resource Conservation and Recovery Act of 1976, as amended (42 U S C §9601 et
<br />scq }, 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, or any other federal, state or local environmental laws, ordinances, rules or
<br />regulations concerning the environment, mdustnal hygiene or public health or safety now in
<br />effect or enacted after the Effective Date
<br />(b) (a) Any Hazardous Materials brought upon, kept or 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 authorities applicable to any such Hazardous Materials
<br />("Hazardous Materials Laws")
<br />(c) If Tenant breaches the obligations stated 3n subparagraph (b) of this Section 4 4, or if
<br />the presence of Hazardous Materials on the Premises results in contamination of the Premises
<br />or the Airport, or if Hazardous Materials are otherwise discharged 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 in value of the Airport, damages for the loss or restriction on
<br />use of rentable or usable space or 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 or restoration
<br />work required by any federal, state or local governmental agency or 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, or otherwise results in the release of discharge on, under or
<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 or to otherwise remove and/or
<br />abate the release or discharged 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 Materials 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 or expiration of this Agreement
<br />3
<br />
|