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<br />(c) “Environmental Laws” means all federal, state, and local laws, statutes,
<br />rules, regulations, ordinances, and codes, and any judicial or administrative interpretation
<br />thereof 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 et
<br />seq.), the Emergency Planning and Community Right -To-Know Act (42 U.S.C. §§ 11001 et seq.),
<br />and any similar or comparable state or local laws, including without limitation, the Model Toxics
<br />Control Act (Chapter 70A.030 RCW, formerly codified at Chapter 70.105D RCW) and the
<br />Hazardous Waste Management Act (Chapter 70A.029 RCW, formerly codified at Chapter 70.105
<br />RCW).
<br />(d) All portions of this Section shall survive the expiration or termination of
<br />this License.
<br />16. MISCELLANEOUS
<br />(a) Notices. All notices to be given by the parties shall be in writing and may
<br />either be served personally, delivered by overnight courier (such as UPS or Fed Ex) or deposited
<br />in the 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 on
<br />written notice to the other party. All such notices shall be deemed delivered and effective on
<br />the earlier of (i) the date received or refused for delivery, or (ii) five (5) calendar days after
<br />having been deposited in the United States Postal Service, postage prepaid. In lieu of the
<br />foregoing, the City may deliver any notice to the Licensee’s email address in Part A, in which
<br />case the notice shall be deemed delivered and effective upon sending.
<br />(b) No Waiver of Covenants. No waiver of any default hereunder shall be
<br />implied from any omission by either party to take any action on account of such default if such
<br />default persists or is repeated and no express waiver shall affect any default other than the
<br />default specified in the express waiver and th en only for the time and to the extent therein
<br />stated. The subsequent acceptance of Rent by the City shall not be deemed to be a waiver of
<br />any preceding breach by Licensee of any agreement, condition or provision of this License,
<br />other than the failure of Licensee to pay the particular Rent so accepted, regardless of the City's
<br />knowledge of such preceding breach at the time of acceptance of such Rent. One or more
<br />waivers of any breach of any covenant, term, or condition of this License shall not be construed
<br />as a waiver of any subsequent breach of the same covenant, term, or condition.
<br />(c) No Consequential Damages. Notwithstanding any contrary provision
<br />herein, the City shall not be liable under any circumstances for injury or damage to, or
<br />interference with, Licensee's business, or for any consequential, incidental or special damages,
<br />including but not limited to, loss of profits, loss of rents or other revenues, loss of business
<br />opportunity, loss of goodwill or loss of use, in each case, however occurring.
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