|
<br />17. Hazardous Matedals
<br />17.1 For the Lease, the term "Hazardous Materials" means any hazardous or toxic
<br />substance, material or waste whist is or becomes regulated by any federal, state,
<br />political subdivision, or local govemment entity or agency. The term "Hazardous
<br />Material" indudes, without limitation, any material or substance that is (i) defined
<br />as a "hazardous substance" under Colorado law, (ii) petroleum, (iii) asbestos, (iv)
<br />designated as a "hazaMous substance" pursuant to Section 311 of the Federal
<br />Water Pollution Control Ad (33 U.S.C. §1321), (v) defined as a "hazardous waste"
<br />pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act
<br />(42 U.S.C. §6903), (vi) defined as a "hazardous substance" pursuant to Section
<br />107 of the Comprehensive Environmental Response, Compensation and Liability
<br />Act (42 U.S.C. §9601), or (vii) defined as a "regulated substance" pursuant to
<br />Subchapter IX, Solid Waste Disposal Act (Regulation of Underground Storage
<br />Tanks)(42 U.S.C.§8991).
<br />17.2 The Lessee shall not cause or permit the use, storage, placement or release of
<br />any Hazardous Matedal on or about the Premises by the Lessee, Lessee's agents,
<br />employees, contractors, subcontractors, subtenants, or invitee, without the prior
<br />written consent of the City's Fire Chief, or designee, and the County. If the Lessee
<br />breaches an obligation of the preceding sentence, then the Lessee shall indemnify,
<br />defend and hold the Lessor harmless from all claims, judgements, penalties, fines,
<br />costs, liabilities or losses (inducting, without limitation, diminution in value of the
<br />Premises, damages for the loss or restriction on use of the Premises or of any
<br />amenity of the Premises, sums paid in settlement of Gaims, attorneys' fees,
<br />consultants' fees and experts' fees) which arise during or after the Lease term as a
<br />result of such contamination. This indemnifcation of the Lessor by the Lessee
<br />Includes, without limitation, all costs the Lessor incurs with any investigation of site
<br />. wnd'dion or any cleanup, remediation, removal, or restoration work any federal,
<br />slate, political subdivision, or local govemment entity or agency requires because
<br />of Hazardous Matedal present in the soli or groundwater on or under the Premise.
<br />Without limiting the above, if the Lessee permits the presence of any Hazardous
<br />Matedal that results in any contamination of the Premises, the Lessee shall
<br />promptly take all action, at Lessee's sole expense, necessary to return the
<br />Premises to the condition existing before the introduction of any such Hazardous
<br />Matedal.
<br />18. Miscellaneous
<br />18.1 No waiver of default by the Lessor of any of the terms, covenants, warranties or
<br />conditions hereof to be pertormed, kept or observed by Lessee shall be construed
<br />as, or operate as, a waiver of the County of any of the terms, covenants,
<br />warranties or conditions herein contained, to be pertormed, kept or observed by
<br />Lessee.
<br />• (revised 1-1s-o3) 2.05.4(2)(e)-57
<br />
|