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Market:Northern California
<br /> Cell Site Number:CNU0413
<br /> Search Ring Name:Livermore
<br /> Cell Site Name:Livermore(CA)
<br /> Fixed Asset Number:10087959
<br /> radioactive substances or their by-products, other substances defined or listed as "hazardous
<br /> substances", "hazardous materials", "hazardous wastes" or "toxic substances in or pursuant to
<br /> the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42
<br /> U.S.C. Sections 9601, et seq., ("CERCLA"); the Hazardous Materials Transportation Act, 49
<br /> USC Sections 1802, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. §§6901
<br /> et seq.; the Toxic Substance Control Act of 1976, 15 U.S.C. §§2601 et seq.; any "toxic pollutant"
<br /> under the Clean Water Act, 33 U.S.C. §§1251 et seq.; any hazardous air pollutant under the
<br /> Clean Air Act, 42 U.S.C. §§7901 et seq.; the California Hazardous Substance Account Act,
<br /> California Health & Safety Code ("CH&SC") §125300 et seq., the Hazardous Waste Control
<br /> Law, CM&SC §§25100 et seq.; in or pursuant to or identified as causing cancer or reproductive
<br /> toxicity in the California Safe Drinking Water & Toxic Enforcement Act of 1986, CM&SC
<br /> §§25249.5 et seq.; and CM&SC §§ 25249.8, 25117, 25316; all as such laws may be amended;
<br /> any hazardous or toxic substance, material, chemical, waste or pollutant now or hereafter
<br /> regulated under any other applicable federal, state or local environmental laws, without
<br /> limitation; and any other matter in the nature thereof arising pursuant to the jurisdiction of any
<br /> public agency.
<br /> (ii) "Hazardous Discharge" and "Contamination" shall mean the happening of any event
<br /> involving an emission, spill, release or discharge ("Release") into or upon (a) the air, (b) soils or
<br /> any improvements located thereon, (c) surface or ground water, (d) the sewer, septic system or
<br /> waste treatment, storage or disposal system servicing the Premises, of any Hazardous Material,
<br /> or (e) any other matter in the nature thereof arising pursuant to the jurisdiction of any public
<br /> agency.
<br /> (iii) "Environmental Laws" shall mean all applicable federal, state and local laws,
<br /> ordinances, regulations, orders, procedures, policies and directives of every kind and nature
<br /> whatsoever pertaining to Hazardous Materials in, at, on, under or from the Premises or any
<br /> portion thereof, and any other matter in the nature thereof arising pursuant to the jurisdiction of
<br /> any public agency.
<br /> (b) City represents and warrants (i) to the best of the City's knowledge, the Property,
<br /> as of the date of this Lease Agreement, is free of hazardous substances, including asbestos-
<br /> containing materials and lead paint, and (H) to the best of the City's knowledge, the Property has
<br /> never been subject to any contamination or hazardous conditions resulting in any environmental
<br /> investigation, inquiry or remediation. City and Lessee agree that each will be responsible for
<br /> compliance with any and all applicable governmental laws, rules, statutes, regulations, codes,
<br /> ordinances, or principles of common law regulating or imposing standards of liability or
<br /> standards of conduct with regard to protection of the environment or worker health and safety,
<br /> as may now or at any time hereafter be in effect, to the extent such apply to that party's activity
<br /> conducted in or on the Property.
<br /> (c) Lessee agrees to hold harmless and indemnify the City, and to assume all duties,
<br /> responsibilities and liabilities at the sole cost and expense of the indemnifying party for,
<br /> payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to
<br /> any action, notice, claim, order, summons, citation, directive, litigation, investigation or
<br /> proceeding ("Claims"), to the extent arising from Lessee's breach of its obligations or
<br /> representations under this Section 15. City hereby agrees that Lessee shall have no duties,
<br /> responsibilities and liabilities at for, payment of penalties, sanctions, forfeitures, losses, costs or
<br /> damages, and for responding to any Claims, to the extent arising from subsurface or other
<br /> Lease for Installation of Telecommunications Equipment-Final Page 9
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