|
(a) Licensee shall not cause or permit any storage, use, sale, release, generation or
<br /> disposal of any Hazardous Materials (as defined below) in, on or about the Licensed Property;
<br /> provided, however, Licensee shall be permitted without notice or the City's written consent
<br /> to handle, store, use or dispose of products containing small quantities of Hazardous
<br /> Materials, such as ordinary cleaning and ordinary maintenance products used by Licensee for
<br /> cleaning and maintenance in the reasonable and prudent conduct of the Approved Use on the
<br /> Licensed Property. Licensee further covenants and agrees that at all times during the Term of
<br /> this License, Licensee shall comply with all applicable Environmental Laws (as defined below),
<br /> now or hereafter in effect, regulating Licensee's occupation and/or operation and/or use of
<br /> the Licensed Property.
<br /> (b) "Hazardous Materials" means any waste, pollutant, contaminant, chemical,
<br /> petroleum product, pesticide, fertilizer, substance, or material that is defined, classified, or
<br /> designated as hazardous,toxic, radioactive, dangerous, or other comparable term or category
<br /> under any Environmental Laws (as defined below), including, but not limited to, gasoline, oil
<br /> or any byproducts or fractions thereof, polychlorinated biphenyls, per- and polyfluoroalkyl
<br /> substances, asbestos, paints, solvents, lead, cyanide, radioactive material, or any other
<br /> materials which have adverse effects on the environment or the health and safety of persons.
<br /> (c) "Environmental Laws" means all federal, state, and local laws, statutes, rules,
<br /> regulations, ordinances, and codes, and any judicial or administrative interpretation thereof
<br /> or requirement thereunder, now or hereafter in effect, relating, to the regulation or
<br /> protection of human health, safety,the environment and natural resources, including without
<br /> limitation, the Comprehensive Environmental Response, Compensation, and Liability Act (42
<br /> U.S.C. §§ 9601 et seq.), the Hazardous Substances Transportation Act (49 U.S.C. §§ 5101 et
<br /> seq.), the Clean Air Act (42 U.S.C. §§ 7401 et seq.), the Clean Water Act (33 U.S.C. §§ 1251 et
<br /> seq.), the Solid Waste Disposal Act (42 U.S.C. §§ 6901 et seq.), the Resource Conservation and
<br /> Recovery Act (42 U.S.C. §§ 6901 et seq.), the Toxic Substances Control Act (15 U.S.C. §§ 2601
<br /> et seq.), the Emergency Planning and Community Right-To-Know Act (42 U.S.C. §§ 11001 et
<br /> seq.), and any similar or comparable state or local laws, including without limitation, the
<br /> Model Toxics Control Act (Chapter 70A.030 RCW, formerly codified at Chapter 70.105D RCW)
<br /> and the Hazardous Waste Management Act (Chapter 70A.029 RCW, formerly codified at
<br /> Chapter 70.105 RCW).
<br /> (d) All portions of this Section shall survive the expiration or termination of this License.
<br /> 16. MISCELLANEOUS
<br /> (a) Notices. All notices to be given by the parties shall be in writing and may either be
<br /> served personally, delivered by overnight courier (such as UPS or Fed Ex) or deposited in the
<br /> United States mail, postage prepaid, by either registered or certified mail to the notice
<br /> addresses provided in Part A of this License. A party may change its notice address effective
<br /> on written notice to the other party. All such notices shall be deemed delivered and effective
<br /> on the earlier of(i) the date received or refused for delivery, or (ii)five (5) calendar days after
<br /> 6
<br />
|