T-Mobile West LLC 5/4/2017 - Laserfiche WebLink

T-Mobile Site ID:SE01845A Cascade HS North WT Market:PNW City of Everett Site ID:Olympic Tank i. In its use and occupancy of the Site,the Lessee shall, at the Lessee's own expense, comply with all federal, state and local laws and regulations now or hereafter in effect related to Hazardous Materials and the environment which are applicable to the Site, Lessee's business or any activity or condition on or about the Site ("the Environmental Laws"). The Lessee warrants that its business and all its activities to be conducted or performed in, on or about the Site shall comply with all of the Environmental Laws. The Lessee agrees to change, reduce or stop any non- complying activity or install necessary equipment, safety devices, pollution control systems or other installations as may be necessary at any time during the term of this Lease to comply with the Environmental Laws. ii. The Lessee shall not,without first obtaining the Lessor's prior written approval,use, generate, release, handle, spill, store, treat, deposit, transport, sell or dispose of any Hazardous Materials in, on or about the Site. In the event, and only in the event,that the Lessor approves any of the foregoing, the Lessee agrees that such activity shall occur safely and in compliance with the Environmental Laws. Notwithstanding anything to the contrary herein, it is agreed and understood that Lessee shall be permitted to use such Hazardous Materials that are commonly used in the type of facility contemplated herein, including without limitation, fuel-powered generators and batteries. iii. The Lessee shall not cause or permit to occur any violation of the Environmental Laws on, under or about the Site, or arising from the Lessee's use or occupancy of the Site. iv. The Lessee shall, in a timely manner and at the Lessee's own expense, make all submissions to, provide all information required by and comply with all requirements of all governmental or regulatory authorities("the Authorities"or"Authority")with jurisdiction under the Environmental Laws. If the Lessee fails to fulfill any duty imposed under this Section 12 within a reasonable time,the Lessor may do so; and in such case,the Lessee shall cooperate with the Lessor in order to prepare all documents the Lessor deems necessary or appropriate to determine the applicability of the Environmental Laws to the Site and the Lessee's use or occupancy thereof, and for compliance with the Environmental Laws, and the Lessee shall execute all documents promptly upon the Lessor's request. No such action by the Lessor and no attempt made by the Lessor to mitigate damages shall constitute a waiver of any of the Lessee's obligations under this Section 12. v. Should any Authority demand that a cleanup or remediation plan be prepared and that a cleanup or remediation be undertaken because of any deposit, spill,discharge or other release of Hazardous Materials which occurs during the term of this Lease at or from the Site, or which arises at any time from the Lessee's use or occupancy of the Site,then the Lessee shall, in a timely manner and at the Lessee's own expense,prepare and submit the required plans and all related bonds and other financial assurances; and the Lessee shall carry out all such cleanup or remediation plans. Any such cleanup or remediation plans are subject to the Lessor's prior written approval, not to be unreasonably withheld. Although the Lessor reserves the right to review and approve such cleanup or remediation plans, the Lessor assumes no responsibility for such plans or their compliance with the Environmental Laws. C. Indemnification. Page 7 of 21