Laserfiche WebLink
8 <br /> persons or death, property damage, loss or costs proximately caused by the use, disposal, <br /> transportation, generation, release, handling, spillage, storage, treatment, deposit and/or sale of <br /> Hazardous Materials by the Licensee or any of its agents, representatives or employees on or about <br /> the Site including the Tower. <br /> D. Reporting Requirements. The Licensee shall comply with the Environmental Laws <br /> requiring the submission, reporting or filing of information concerning Hazardous Materials with <br /> the Authorities and shall provide to the Licensor a full copy of any such submission, filing or <br /> report as submitted within fifteen (15) days of such submission. <br /> E. Right to Check on the Licensee's Environmental Compliance. The Licensor <br /> expressly reserves the right to conduct, and the Licensee shall fully cooperate in allowing, from <br /> time to time, such examinations, tests, inspections and reviews of the Site and Tower as the <br /> Licensor, in its sole and absolute discretion, shall determine to be advisable in order to evaluate <br /> any potential environmental problems. <br /> F. Remedies. Upon a material default by the Licensee under this Section 12, the <br /> Licensor shall be entitled to the following rights and remedies in addition to any other rights and <br /> remedies that may be available to the Licensor: <br /> i. At the Licensor's option, to terminate this License if Licensee fails to cure the <br /> default upon reasonable notice under the circumstances; and/or <br /> ii. At the Licensor's option, to perform such response, remediation and/or cleanup as <br /> is required to bring the Site and Tower and any other property owned by Licensor affected by the <br /> Licensee's default into compliance with the Environmental Laws and to recover from the Licensee <br /> all of the Licensor's costs and expenses in connection therewith; and/or <br /> iii. To recover from the Licensee any and all damages associated with the default <br /> including, but not limited to, response, remediation and cleanup costs, expenses and charges, civil <br /> and criminal penalties and fees, adverse impacts on marketing the Site or Tower or any other <br /> property owned by Licensor, loss of business and sales by Licensor and other of Licensor's <br /> Licensees, diminution of value of the Site, Tower and/or other property owned by Licensor, the <br /> loss of or restriction of useful space in or on the Site, Tower and/or other property owned by <br /> Licensor, and any and all damages and claims asserted by third parties and the Licensor's <br /> attorney's fees, costs and expenses. <br /> G. Remediation on Termination of License. <br /> i. Upon the expiration or earlier termination of this License, the Licensee shall <br /> remove,remediate or clean up any Hazardous Materials on, or emanating from, the Site, the Tower <br /> and the Licensee shall undertake whatever other action may be necessary to bring the Site and <br /> Tower into full compliance with the Environmental Laws ("Termination Cleanup"). The process <br /> for such Termination Cleanup is subject to the Licensor's prior written approval. Although the <br /> Licensor reserves the right to review and approve the Termination Cleanup process, the Licensor <br /> assumes no responsibility for it or its compliance with the Environmental Laws. <br /> 58 <br /> 10 <br />