|
T-Mobile Site ID: SE01845A Cascade HS North WT
<br /> Market:PNW
<br /> City of Everett Site ID:Olympic Tank
<br /> i. Lessee shall be fully and completely liable to the Lessor for any and all cleanup
<br /> and/or remediation costs and expenses and any and all other charges,expenses, fees,penalties(civil
<br /> and criminal) imposed by any Authority arising out of the Lessee's, or any of its agents,
<br /> representatives or employees', use, disposal, transportation, generation, release, handling, spillage,
<br /> storage,treatment,deposit and/or sale of Hazardous Materials on or about the Site. The Lessee shall
<br /> indemnify, defend and save the Lessor harmless from any and all of the costs, expenses, fees,
<br /> penalties and charges assessed against or imposed upon the Lessor(as well as the Lessor's reasonable
<br /> attorney's fees,costs and expenses)by any Authority to the extent caused by Lessee's, or any of its
<br /> agents, representatives or employees', use, disposal, transportation, generation, release, handling,
<br /> spillage, storage, treatment, deposit and/or sale of Hazardous Materials on the Site or as a result of
<br /> the Lessee's failure to provide all information, make all submissions and/or take all steps required
<br /> by all Authorities under the Environmental Laws.
<br /> ii. The Lessee shall indemnify and hold the Lessor harmless from any and all claims,
<br /> liabilities, lawsuits, damages and expenses, including reasonable attorney's fees, for injuries to
<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 Lessee or any of its agents,representatives or employees on or about the
<br /> Site.
<br /> D. Reporting Requirements. The Lessee 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 Lessor a full copy of any such submission, filing or report as
<br /> submitted within fifteen (15)business days of such submission.
<br /> E. Right to Check on the Lessee's Environmental Compliance. The Lessor expressly
<br /> reserves the right to conduct, and the Lessee shall cooperate in allowing, from time to time, such
<br /> examinations, tests, inspections and reviews of the Site as the Lessor, in its sole and absolute
<br /> discretion,shall determine to be advisable in order to evaluate any potential environmental problems.
<br /> F. Remedies. Upon a material default by the Lessee under this Section 12,the Lessor
<br /> shall be entitled to the following rights and remedies in addition to any other rights and remedies
<br /> that may be available to the Lessor:
<br /> i. At the Lessor's option,to terminate this Lease if Lessee fails to cure the default upon
<br /> reasonable notice under the circumstances, but in no event less than thirty(30)days' notice;and/or
<br /> ii. At the Lessor's option, only after delivering at least thirty (30) days prior written
<br /> notice to Lessee, to perform such response, remediation and/or cleanup as is required to bring the
<br /> Site and any other property owned by Lessor affected by the Lessee's default into compliance with
<br /> the Environmental Laws and to recover from the Lessee all of the Lessor's costs and expenses in
<br /> connection therewith; and/or
<br /> iii. To recover from the Lessee 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 diminution of value of the
<br /> Page 8 of 21
<br />
|