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11-15-21 BOC Regular Meeting
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11-15-21 BOC Regular Meeting
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1/7/2022 3:18:57 PM
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Board of Commissioners
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to or from the Premises any Hazardous Materials, except in compliance <br /> with applicable Hazardous Materials Laws. Furthermore, Tenant shall at <br /> its own expense procure, maintain, and comply with all conditions of, any <br /> and all permits, licenses and other governmental and regulatory approvals <br /> required for the storage, use or disposal by Tenant or of any of Tenant's <br /> Representatives of Hazardous Materials on the Premises, including <br /> without limitation, discharge of(appropriately treated)materials or waste <br /> into or through any sanitary sewer serving the Premises. <br /> ii. Remediation. If at any time during the term, any contamination of the <br /> Premises by Hazardous Materials shall occur where such contamination is <br /> caused by the act or omission of Tenant or Tenant's Representatives <br /> ("Tenant Contamination"), at Tenant's sole cost and expense, shall <br /> promptly and diligently remove such Hazardous Materials from the <br /> Premises or the property or the groundwater underlying the Premises in <br /> accordance with the requirements of the applicable Premises in <br /> accordance with the requirements of the applicable Hazardous Materials <br /> Laws and industry standards then prevailing in the Hazardous Materials <br /> management and remediation industry in the state in which the Premises <br /> are located. Tenant shall not take any required remedial action in response <br /> to any Tenant's Contamination in or about the Premises or enter into any <br /> settlement agreement, consent decree, or other compromise in respect to <br /> any claims relating to any Tenant's Contamination without first notifying <br /> Landlord of Tenant's intention to do so and affording Landlord the <br /> opportunity to appear, intervene or otherwise appropriately assert and <br /> protect Landlord's interest with respect thereto. In addition to all other <br /> rights and remedies of the Landlord hereunder, if Tenant does not <br /> promptly and diligently take all steps to prepare and obtain all necessary <br /> approvals of a remediation plan for any Tenant's Contamination, and <br /> thereafter commence to require remediation of any Hazardous Materials <br /> released or discharged in connection with Tenant's Contamination within <br /> thirty(30)days after Landlord has reasonably approved Tenant's <br /> remediation plan and all necessary approvals and consents have been <br /> obtained and thereafter continue to prosecute said remediation to <br /> completion in accordance with said approved remediation plan, then <br /> Landlord, at its sole discretion, shall have the right, but not the obligation, <br /> to cause said remediation to be accomplished, and Tenant shall reimburse <br /> Landlord within fifteen (15) business days of Landlord's demand for <br /> reimbursement of all amounts reasonably paid by Landlord (together with <br /> interest on said amounts at the highest lawful rate until paid), when said <br /> demand is accompanied by proof of payment by Landlord of the amounts <br /> demanded. Tenant shall promptly deliver to Landlord copies of hazardous <br /> waste manifests reflecting the legal and proper disposal of all Hazardous <br />
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