Laserfiche WebLink
Ia <br /> r <br /> Law Department Approved Tracking#: 05-29401 <br /> ENVIRONMENTAL <br /> 24. (a) Licensee shall strictly comply with all federal,state and local environmental laws and <br /> regulations in its use of the Premises, including, but not limited to, the Resource <br /> Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil <br /> Pollution Act, the Hazardous Materials Transportation Act, CERCLA (collectively <br /> referred to as the "Environmental Laws"). Licensee shall not maintain a treatment, <br /> storage, transfer or disposal facility, or underground storage tank, as defined by <br /> Environmental Laws on the Premises. Licensee shall not release or suffer the <br /> release of oil or hazardous substances, as defined by Environmental Laws on or <br /> about the Premises. <br /> (b) Licensee shall give Licensor immediate notice to Licensor's Resource Operations <br /> Center at (800) 832-5452 of any release of hazardous substances on or from the <br /> Premises, violation of Environmental Laws, or inspection or inquiry by governmental <br /> authorities charged with enforcing Environmental Laws with respect to Licensee's <br /> use of the Premises. Licensee shall use the best efforts to promptly respond to any <br /> release on or from the Premises. Licensee also shall give Licensor immediate notice <br /> of all measures undertaken on behalf of Licensee to investigate, remediate, respond <br /> to or otherwise cure such release or violation. <br /> (c) In the event that Licensor has notice from Licensee or otherwise of a release or <br /> violation of Environmental Laws arising in any way with respect to the Premises <br /> which occurred or may occur during the term of this Agreement, Licensor may <br /> require Licensee, at Licensee's sole risk and expense, to take timely measures to <br /> investigate, remediate, respond to or otherwise cure such release or violation <br /> affecting the Premises or Licensor's right-of-way. <br /> (d) Licensee shall promptly report to Licensor in writing any conditions or activities upon <br /> the Premises known to Licensee which create a risk of harm to persons, property or <br /> the environment and shall take whatever action is necessary to prevent injury to <br /> persons or property arising out of such conditions or activities; provided, however, <br /> that Licensee's reporting to Licensor shall not relieve Licensee of any obligation <br /> whatsoever imposed on it by this Agreement. Licensee shall promptly respond to <br /> Licensor's request for information regarding said conditions or activities. <br /> DEFAULT <br /> 25. If default shall be made in any of the covenants or agreements of Licensee contained in this <br /> document, or in case of any assignment or transfer of this Agreement by operation of law, <br /> Licensor may, at its option, terminate this Agreement by serving five (5) days' notice in <br /> writing upon Licensee. Any waiver by Licensor of any default or defaults shall not constitute <br /> a waiver of the right to terminate this Agreement for any subsequent default or defaults, nor <br /> shall any such waiver in any way affect Licensor's ability to enforce any Section of this <br /> Agreement. The remedy set forth in this Section 25 shall be in addition to, and not in <br /> limitation of, any other remedies that Licensor may have at law or in equity. <br /> 154 <br /> Form 432;Rev.04/26/05 <br /> 10 of 13 - <br />