Laserfiche WebLink
D. Compliance with Laws. Contractor shall,at all times,operate,use,and conduct the <br /> business of the Facility in a lawful manner and in full compliance with all <br /> applicable governmental laws, ordinances, rules and regulations, including the <br /> American with Disabilities Act of 1990, all of City's financing obligations, all <br /> obligations under insurance policies for the Facility, and maintain all licenses and <br /> permits relating to the Facility,with City's full cooperation, in full force and effect <br /> and cooperate and endeavor to obtain all licenses and permits first required after <br /> the commencement of the term of this Agreement required in connection with the <br /> management, use, and operation of the Facility. <br /> E. Environmental Laws/Hazardous Substances. The City represents and warrants to <br /> Contractor that there is no hazardous substance located thereon contrary to any <br /> local, state or federal law or regulation. The City has disclosed a potentially <br /> hazardous substance that may exist in conjunction with the Everett Smelter Site, <br /> Department of Ecology No. DE97TC-N119. The City agrees that it will not cause <br /> or permit in any manner, including accidental or non-negligent acts or emissions, <br /> release of any hazardous substance into or upon the Facility contrary to any local, <br /> state or federal law or regulation with respect hereto. The City shall notify <br /> Contractor and the State Department of Ecology in writing of any such release. The <br /> City shall have full responsibility for completely cleaning up any and all <br /> contamination from such a release as may be required by any governmental agency <br /> and hold Contractor harmless from any liability related thereto. <br /> Contractor will not cause or permit in any manner, including accidental or non- <br /> negligent acts or emissions, release of any hazardous substance into or upon the <br /> Facility contrary to any local, state or federal law or regulation with respect hereto. <br /> Contractor shall notify the City and the State Department of Ecology in writing of <br /> any such release. Contractor shall have full responsibility for completely cleaning <br /> up any and all contamination from such a release as may be required by any <br /> governmental agency and hold the City harmless from any liability related thereto. <br /> If Contractor fails to act within the required statutory timeframe upon any release <br /> of a hazardous substance,without conferring any duty upon the City,the City may <br /> enter the Facility and take whatever steps it deems appropriate to cure the <br /> consequences of any such release, at the expense of Contractor. <br /> To the best of City's knowledge, City represents that there are no underground <br /> storage tanks of any nature on the Facility (fuel, propane, gas etc.). The City does <br /> not have any knowledge of asbestos-containing products within the Facility. City <br /> shall promptly notify Contractor as soon as City knows of any changes to these <br /> representations contained in this Section 18 E. <br /> For the purposes of this Agreement, "hazardous substance" shall mean: Any <br /> substance now or hereinafter designated as, and/or that is subject to regulation as, <br /> hazardous, toxic, dangerous, or harmful by any federal, state or local law, <br /> regulation, statute, or ordinance, including but not limited to the Resource <br /> Conservation and Recovery Act, Comprehensive Environmental Response <br /> Compensation and Liability Act,Superfund Amendments and Re-authorization Act <br /> of 1986, and the Washington Model Toxic Control Act(MOTCA). <br /> 12 <br />