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DOC #2021-0410929 Page 4 of 27
<br />3 5 Certain Environmental Matters
<br />A Tenant shall at all tunes and m all respects comply with all Federal, State and local
<br />laws, ordinances and regulations ("Hazardous Matenals laws") relating to industrial hygiene,
<br />environmental protection or the use, analysis, generation, manufacture, storage, disposal or
<br />transportation of any oil, fuel, flammables, explosives, asbestos, urea, formaldehyde, radioactive
<br />materials or waste, or other hazardous, toxic, contaminated or polluting matenals, substances or
<br />wastes, including, without limitation, any "hazardous substance," "hazardous wastes," "hazardous
<br />materials" or "toxic substances" under any such laws, ordinances or regulations (collectively,
<br />"Hazardous Matenals") City represents and warrants that to the best of City's knowledge, no
<br />Hazardous Matenals currently exist on the Property
<br />B Tenant, at no expense to City, shall cause any and all Hazardous Matenals removed
<br />from the Property to be removed and transported solely by duly licensed haulers to duly licensed
<br />facilities for final disposal of such matenals and wastes Tenant shall m all respects handle, treat,
<br />deal with and manage any and all Hazardous Materials m, on, under or about the Property in total
<br />conformity with all applicable Hazardous Matenals Laws and prudent mdustry practices regarding
<br />management and disposal of such Hazardous Materials Upon expiration or earlier termination of
<br />the term of the Lease, Tenant shall, at no expense to City cause all Hazardous Materials to be
<br />removed from the Property and transported for use, storage or disposal m accordance and
<br />compliance with all applicable Hazardous Matenals Laws Tenant shall not take any remedial
<br />action in response to the presence of any Hazardous Matenals m, on, under, or about the Property
<br />or any hangar, nor enter into any settlement agreement, consent, decree or other compromise in
<br />respect to any claims relating to any Hazardous Matenals m any way connected with the Property
<br />or any hangar without first notifying City in wnting of Tenant's mtention to do so and affording
<br />City ample opportunity to appear, intervene or otherwise appropnately assert and protect City's
<br />interest with respect thereto
<br />C Tenant shall immediately notify City m writing of
<br />(I) Any enforcement, cleanup, removal or other governmental or regulatory action
<br />instituted, completed or threatened pursuant to any Hazardous Matenals Laws, contnbution, cost
<br />recovery compensation, loss or injury resultmg from or claimed to result from any Hazardous
<br />Matenals, and
<br />(n) Any reports made to any environmental agency arising out of or in connection with
<br />any Hazardous Materials m, on, under or removed from the Property, including any complaints,
<br />notices, warnings or asserted violations m connection therewith Tenant shall also supply to City
<br />as promptly as possible, and m any event within five (5) business days after Tenant first receives
<br />or sends the same, with copies of all claims, reports, complamts, notices, warnings, or asserted
<br />violations relatmg in any way to the Property, or Tenant's use thereof Tenant shall promptly
<br />deliver to City copies of hazardous waste manifests reflecting the legal and proper disposal of all
<br />Hazardous Matenals removed from the Property Tenant shall make all reports and filmgs required
<br />by any Hazardous Materials Laws, mcludmg without limitation, pursuant to California Water Code
<br />Section 13260 and California Health and Safety Code Section 25220, and provide City with the
<br />same for City's review prior to filing
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