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2011/01/19 Council Agenda Packet
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2011/01/19 Council Agenda Packet
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Council Agenda Packet
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1/19/2011
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8 <br /> XVI. Environmental Compliance. <br /> A. Grantor represents.and warrants that, after reasonable investigation and to <br /> the best of Grantor's knowledge, Grantor and the Protected Property are in <br /> compliance with all federal, state and local laws, regulations and <br /> requirements applicable to the Protected Property and its use, including <br /> without limitation all federal, state and local environmental laws, <br /> regulations and requirements. <br /> B. Grantor further represents and warrants that there has been no release, <br /> dumping, burying, abandonment or migration from offsite onto the <br /> Property of any substances, materials or wastes that are hazardous, toxic, <br /> dangerous or harmful or are designated as, or contain components that are <br /> subject to regulation as hazardous, toxic, dangerous or harmful by any <br /> federal, state or local law, regulation, statute or ordinance. There is no <br /> pending or threatened litigation affecting the Property or any portion of <br /> the Property that will materially impair the Conservation Values or <br /> Conservation Zone. No civil or criminal proceedings have been instigated <br /> or are pending against Grantor or its predecessors by government agencies <br /> or third parties arising out of alleged violations of environmental laws, and <br /> neither Grantor nor its predecessors in interest have received any notice of <br /> violation, penalties, claims, demand letters or other notifications relating <br /> to a breach of environmental laws. <br /> C. Remediation. If at any time there occurs or has occurred a release in, on <br /> or about the Property of any substances now or hereafter defined, listed or <br /> otherwise classified pursuant to any federal, state or local law, regulation <br /> or requirement as hazardous,toxic or dangerous to the air, water or soil, or <br /> in any way harmful or threatening to human health or environment, <br /> Grantor agrees to take all steps necessary to assure its containment and <br /> remediation, including any cleanup that may be required, unless the <br /> release was caused by the Grantee, in which case Grantee shall be <br /> responsible for remediation. <br /> 72 <br />
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