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any reason. Tenant shall cooperate with City to provide for the proper separation of waste to maximize
<br />recycling.
<br />4.4 Hazardous Materials.
<br />A. For the purpose of this Section 4.4, the term "Hazardous Materials" includes,
<br />without limitation, any flammable explosives, radioactive materials, hazardous materials,
<br />hazardous wastes, hazardous or toxic substances, or related materials defined in the
<br />Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
<br />amended (42 U.S.C. §9601 et seq.), the Hazardous Materials Transportation Act, as amended
<br />(49 U.S.C. § 180 I et seq.), the Resource Conservation and Recovery Act of 1976, as amended
<br />(42 U.S.C. §9601 et seq.), Section 25117 of the California Health & Safety Code, Section
<br />25316 of the California Health & Safety Code, and in the regulations adopted and publications
<br />promulgated pursuant to them, or any other federal, state or local environmental laws,
<br />ordinances, rules or regulations concerning the environment, industrial hygiene or public health
<br />or safety now in effect or enacted after the Effective Date.
<br />B. Any Hazardous Materials brought upon, kept or used in or about the Premises
<br />or 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 in subparagraph (b) of this Section
<br />4.4, or if the presence of Hazardous Materials on the Premises results in contamination of the
<br />Premises or the Airport, or if Hazardous Materials are otherwise discharged or released from
<br />the Premises, then Tenant shall indemnify, defend and hold City harmless from and against
<br />any 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 indemnification
<br />of City by Tenant includes, without limitation, costs incurred in connection with any
<br />investigation of site conditions or any cleanup, remedial, removal or restoration work required
<br />by any federal, state or local governmental agency or political subdivision because of
<br />Hazardous Materials present in, on or under the Premises. Without limiting the foregoing, if
<br />the presence of any Hazardous Materials on the Premises results in any contamination of the
<br />Airport, or otherwise results in the release or discharge on, under or from the Premises of
<br />Hazardous Materials, Tenant shall promptly take all actions at its sole expense as are necessary
<br />to return the Airport to the condition existing prior to the introduction of any such Hazardous
<br />Materials to the Airport or to otherwise remove and/or abate the release or discharged
<br />Hazardous Materials; provided that City's approval of such actions shall first be obtained,
<br />which approval shall not be unreasonably withheld so long as such actions would not
<br />potentially have any material adverse long-term or short-term effect on the Airport, will not
<br />unreasonably interfere with the use and enjoyment of other portions of the Airport, and will be
<br />performed in accordance with all Hazardous Materials Laws. Upon the termination of this
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