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seq.), California Water Code (section 13000, et seq.), and other comparable state
<br />laws, regulations, and local ordinances relating to industrial hygiene,
<br />environmental protection or the use, analysis, generation, manufacture, storage,
<br />disposal, or transportation of any oil, flammable explosives, asbestos, urea,
<br />formaldehyde, radioactive materials, or waste, or other hazardous, toxic,
<br />contaminated or polluting materials, substances or wastes, including, without
<br />limitation, any "hazardous substances" under any such laws, ordinances or
<br />regulations (collectively "Hazardous Materials Laws").
<br />B. As used in the provisions of this Agreement, "hazardous materials" include any
<br />"hazardous substance" as that term is defined in section 25316 of the California
<br />Health and Safety Code and any other material or substance listed or regulated by
<br />any Hazardous Materials Law or posing a hazard to health or the environment.
<br />Except as otherwise expressly permitted in this Agreement, LICENSEE shall not
<br />use, create, store or allow any hazardous materials on the Premises, except fuel
<br />properly stored for back-up generators and the storage of fuel for such generators
<br />shall only be allowed if provided in a particular Premises License under the
<br />conditions of that Premises License or in a specific encroachment permit.
<br />C. LICENSEE acknowledges that (1) prior to the commencement of the term of this
<br />Agreement, LICENSOR will make available upon request to LICENSEE, for
<br />review and inspection, records in the possession or control of LICENSOR which
<br />might reflect the potential existence of hazardous materials on or beneath the
<br />Premises; (2) LICENSOR has provided LICENSEE access to the Premises for a
<br />reasonable time and upon reasonable terms and conditions for purposes of
<br />providing to LICENSEE the opportunity to investigate, sample, and analyze the
<br />soil and groundwater on the Premises for the presence of hazardous materials; (3)
<br />by signing this Agreement, LICENSEE represents and warrants to LICENSOR
<br />that LICENSEE does not know nor has reasonable cause to believe that any
<br />release of hazardous material has come to be located on or beneath the Premises;
<br />and (4) with respect to any hazardous material which LICENSEE knows or has
<br />reasonable cause to believe has come or will come to be located on or beneath the
<br />Premises, LICENSEE agrees to promptly commence and complete the removal
<br />of the hazardous material at no cost or expense to LICENSOR and in full
<br />compliance with all applicable laws, regulations, permits, approvals, and
<br />authorizations. The phrase "hazardous material', as used herein, has the same
<br />meaning as that phrase has in Section 14 B. of this Agreement.
<br />D. No permanent underground or above ground storage tanks shall be installed on
<br />Premises. Only temporary fuel tanks with secondary containment, for the sole
<br />purpose of storing fuel for the backup generators, are allowed.
<br />E. In no case shall LICENSEE cause or allow the deposit or disposal of any
<br />hazardous materials of any kind on the Property, in any manner prohibited by
<br />law. LICENSOR, or its agents or contractors, shall upon seventy-two hours' prior
<br />notice to LICENSEE and accompanied by an escort designated by LICENSEE,
<br />have the right to go upon and inspect the Premises and the operations thereon to
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