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their location for any reason. Tenant shall cooperate with City to provide for the proper separation of
<br />waste to maximize 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
<br />amended (42 U.S.C. §9601 et seq.), Section 25117 of the California Health & Safety Code,
<br />Section 25316 of the California Health & Safety Code, and in the regulations adopted and
<br />publications promulgated pursuant to them, or any other federal, state or local environmental
<br />laws, ordinances, rules or regulations concerning the environment, industrial hygiene or
<br />public health 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
<br />(including, without limitation, diminution in value of the Airport, damages for the loss or
<br />restriction on use of rentable or usable space or of any amenity of the Airport, damages
<br />arising from any adverse impact on marketing of space in the Airport, and sums paid in
<br />settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or
<br />after the term of this Agreement as a result of such breach, contamination, discharge or
<br />release. This indemnification of City by Tenant includes, without limitation, costs incurred in
<br />connection with any investigation of site conditions or any cleanup, remedial, removal or
<br />restoration work required by any federal, state or local governmental agency or political
<br />subdivision because of Hazardous Materials present in, on or under the Premises. Without
<br />limiting the foregoing, if the presence of any Hazardous Materials on the Premises results in
<br />any contamination of the Airport, or otherwise results in the release or 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 />Redlands Flying Club Hangar 413 3
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