AgdaPkt 2005-04-25 - Laserfiche WebLink

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Section 10. Discrimination and Harassment Prohibited. Each of the Parties will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. Section 11. Termination; Notice of Termination. This Cooperative Agreement may be terminated as of any renewal date by any Party by giving written notice to the other Party one (1) year prior to such renewal date. The termination shall be authorized by majority vote of the governing board of the terminating Party after a public hearing with 30 days advance written notice to the other Party and to the Association, if the Association is still a tenant in the Courthouse at the time the notice is given. Section 12. Eminent Domain. Each of the Parties hereto covenants and agrees that it will not use its powers of eminent domain to condemn any interest of the other Party in the Courthouse Block. Section 13. Hazardous Materials. 13.1 Definitions 13.1.1 "Environmental Laws" shall mean any present or future federal, state, local or administrative law, rule, regulation, order or requirement relating to Hazardous Material (including, without limitation, its use, handling, transportation, production, disposal, discharge or storage), or to health and safety, industrial hygiene or the environment, including, without limitation, soil, air and groundwater conditions. 13 .1.2 "Hazardous Material" shall mean any material that, because of its quantity, concentration or physical or chemical characteristics, is at any time now or hereafter deemed by any federal, state or local government authority to pose a present or potential hazard to human health, welfare or safety or to the environment. Hazardous Material includes, without limitation, any material or substance defined as a "hazardous substance," "pollutant" or "contaminant" pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA", also commonly known as the "Superfund" law), as amended (42 US.C. Sections 9601 et seq.) or pursuant to 25316 of the California Health & Safety Code; any "hazardous waste" as listed pursuant to Section 25140 of the California Health & Safety Code; and petroleum, including crude oil or any fraction thereof, natural gas or natural gas liquids. 13.1.3 "Investigate and Remediate" ("Investigation" and "Remediation") shall mean the undertaking of any activities to determine the nature and extent of Hazardous Material that may be located in, on or about the Courthouse Square or that has been, are being or threaten to be Released into the environment, and to clean up, remove, contain, treat, stabilize, monitor or otherwise control such Hazardous Material. REDW\OO07\DOC\OOI-12 DRAFT 12 4/22/053:45/md 10 ,..,-,............. "-"'-r'