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a. The Operator shall comply with all Federal, State and local laws and <br />regulations regarding the use, storage and disposal for such Hazardous Materials. <br />b. The Operator shall be solely responsible for obtaining all permits necessary to <br />use, store, or dispose of the Hazardous Materials it uses. <br />c. The Operator shall take all necessary precautions to prevent any Hazardous <br />Materials it uses from entering into any storm or sewage drain system, or into the <br />air or groundwater or from being released on the Parking Facilities. <br />d. The Operator shall be solely and fully responsible for the release of ally <br />Hazardous Material that it uses. The Operator shall timely comply with all <br />requirements of all appropriate governmental agencies and authorities in its <br />investigation, remediation and clean up of any release of a Hazardous Material. If <br />the Operator does not promptly commence and diligently pursue the remediation <br />and clean up any release of such Hazardous Material, the City, in its discretion, <br />may pay, to have the release remediated and cleaned up, and the Operator shall <br />reimburse the City within fifteen (15) business days of City's demand for <br />payment. The failure to commence remediation and clean-up and to provide City <br />with a schedule for diligent completion of the remediation within sixty (60) days <br />after discovery of such release, or danger of release, of such Hazardous Material <br />shall constitute prima facie evidence of failure to promptly commence <br />remediation. <br />c. The Operator agrees to defend, indemnify and hold harmless the City, its <br />trustees, officers. officials and employees from any and all losses, claims, actions <br />cots, expenses, judgments, subrogation or other damages resulting from injury to <br />any person or damage to property, including, without limitation, the cost of any <br />cleanup and remediation of Hazardous Materials, which the City may sustain as a <br />result of the presence, use, storage or cleanup of Hazardous Materials in the <br />Parking Facilities that are attributable in any manner to the Operator. <br />The obligations set forth in this Section shall survive the expiration or earlier <br />termination of this Operating Agreement. <br />13.2. Reporting Obligation. Upon becoming aware of any release of a Hazardous <br />Material in a Parking Facility, the Operator shall immediately report such release to the <br />City and to any other appropriate public agency. The Operator shall immediately report <br />the release of any Hazardous Material to the City even where the quantities released <br />would not be otherwise reportable to another public entity. This reporting obligation <br />exists with regard to any release to Hazardous Material within a Parking Facility and is <br />not limited to releases of those Hazardous Materials used by the Operator. <br />14. DAMAGE BY OPERATION <br />If Operator, its agents or employees, causes any injury, damage or loss at any <br />Parking Facility, Operator shall repair, at its sole cost and expense, such injury, damage <br />17 <br />25D-47