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material of any nature whatsoever which may give rise to liability under any of the above statutes
<br />or under any statutory or .common law theory based on negligence, trespass, intentional tort,
<br />nuisance or strict liability or under any reported decisions of a state or federal court; (c)
<br />petroleum or crude oil, other than petroleum and petroleum products which are contained within
<br />regularly operated motor vehicles; and (d) asbestos.
<br />15.2 Licensor makes no warranty or representation whatsoever concerning the
<br />Premises, including without limitation, the condition, fitness or utility for any purpose thereof, of
<br />any improvements thereto with applicable laws, ordinances or governmental regulations.
<br />Licensee's right to use Premises is strictly on an "as is" basis with all faults. Licensor hereby
<br />disclaims all wan -antics whatsoever, express or implied, the condition of the soil (or water),
<br />geology, and any warranty of merchantability or habitability or fitness for a particular purpose,
<br />Licensor hereby acknowledges and agrees that Licensee shall not be liable or responsible for any
<br />Hazardous Substances on, under or about the Premises or Property existing prior to BACTC's
<br />initial installation of the Facilities on the Property, except to the extent brought on or exacerbated
<br />by Licensee.
<br />15.3 Except as otherwise specifically permitted under the terms of this License,
<br />Licensee shall not use, create, generate, store, deposit, dispose of or allow any Hazardous
<br />Substances on, under, about or within the Premises or Property in violation of any federal, state,
<br />or local law, rule, regulation, order, decree or other requirement listed in Section 15.1. Storage
<br />batteries for emergency power, fuel for temporary generators during power outages, and ordinary
<br />paints, solvents and similar substances commonly used in small quantities and necessary for
<br />maintenance of the Licensee's Facilities are excepted from the preceding prohibition of use by
<br />Licensee of Hazardous Substances on Property, so long as Licensee complies with all applicable
<br />federal, state and local laws, rules and regulations governing the use of such items.
<br />15.4 No permanent underground or above ground storage tanks shall be installed on
<br />Premises.
<br />15.5 Licensor or its officers, employees, contractors, or agents shall at all times have
<br />the right to go upon and inspect the Property and the operations conducted thereon to assure
<br />compliance with the requirements herein stated. This inspection may include taking samples for
<br />chemical analysis of substances and materials present and/or testing soils on Property and taking
<br />photographs.
<br />15.6 Licensee shall, within forty-eight (48) hours of the discovery by Licensee of the
<br />presence of, or believed presence of, a Hazardous Substance as defined herein, give written
<br />notice to Licensor in the event that Licensee knows or has reasonable cause to believe that any
<br />release of Hazardous Substance has come or will come to be located on, under, about or within
<br />the Premises or Property. The failure to disclose in a timely manner the release of a Hazardous
<br />Substance on the Property by Licensee, including but not limited to, an amount which is required
<br />to be reported to a state or local agency pursuant to law (e.g., California's Hazardous Materials
<br />Storage and Emergency Response Act, Health and Safety Code Section 25550 et seq.) shall be
<br />grounds for termination of this License by Licensor in addition to actual damages and other
<br />remedies provided by law. Licensee shall immediately clean up and completely remove all
<br />REV: 11-14-18 DZ
<br />Page 22 of 35
<br />ATTY/AGR.2018.264/New Cingular Wireless PCS, LLC - Wireless Communications Site License
<br />Agreement 555 California Way
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