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ARTICLE 11
<br />HAZARDOUS SUBSTANCES
<br />l 1.1. For purposes of this Agreement, the term "Hazardous Substances" means: (a) any
<br />substance, products, waste, or other material of any nature whatsoever which is or becomes listed,
<br />regulated, or addressed pursuant to the Comprehensive Environmental Response, Compensation, and
<br />Liability Act (CERCLA), 42 United States Code Section 9601 et seq.; the Resources Conservation
<br />and Recovery Act, 42 United States Code Section 6901 et seq.; the Hazardous Materials
<br />Transportation Conservation and Recovery Act, 42 United States Code Section 1801 et seq.; the
<br />Clean Water Act, 33 United States Code Section 1251 et seq.; the Toxic Substances Control Act, 15
<br />United States Code Section 2601 et seq.; the California Hazardous Waste Control Act, Health and
<br />Safety Code Section 25100 et seq.; the Hazardous Substance Account Act, Health and Safety Code
<br />Section 25330 et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and
<br />Safety Code Section 25249.5 et seq.; California Health and Safety Code Section 25280 et seq.
<br />(Underground Storage of Hazardous Substances); the California Hazardous Waste Management Act,
<br />Health and Safety Code Section 25170.1 et seq.; California Health and Safety Code Section 25501
<br />et seq. (Hazardous Materials Release Response Plans and Inventory), or the California Porter -
<br />Cologne Water Quality Control Act, Water Code Section 13000 et seq., all as amended (the above
<br />cited California state statutes are hereinafter collectively referred to as the "State Toxic Substances
<br />Law"): or any other federal, state, or local statute, law, ordinance, resolution, code, rule, regulation,
<br />order or decree regulating, relating to, or imposing liability or standards of conduct concerning any
<br />Hazardous Substance, now or at any time hereinafter in effect: (b) any substance, product, waste or
<br />other material of any nature whatsoever which may give rise to liability under any of the above
<br />statutes 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) petroleum or
<br />crude oil, other than petroleum and petroleum products which are contained within regularly operated
<br />motor vehicles; and (d) asbestos.
<br />11.2. Except as otherwise specifically permitted under the terms of this Agreement,
<br />Company shall not use, create, generate, store, deposit, dispose of or allow any Hazardous Substances
<br />on, under, about or within the Public Rights -of -Way in violation of any federal, state, or local law,
<br />rule, regulation, order, decree or other requirement listed in this Agreement. Storage batteries for
<br />emergency power, fuel for temporary generators during power outages, and ordinary paints, solvents
<br />and similar substances commonly used in small quantities and necessary for maintenance of the
<br />Company's Equipment are excepted from the preceding prohibition of use by Company of Hazardous
<br />Substances in the Public Way, so long as Company complies with all applicable federal, state and
<br />local laws, rules and regulations governing the use of such items.
<br />11.3. Company shall, within forty-eight (48) hours of the discovery by Company of the
<br />presence of, or believed presence of, a Hazardous Substance in violation of any applicable law, give
<br />written notice to the City in the event that Company knows or has reasonable cause to believe that
<br />any release of Hazardous Substance has come or will come to be located on, under, about or within
<br />the Public Way which is the subject of this Agreement. The failure to disclose in a timely manner
<br />the release of a Hazardous Substance thereon by Company, including but not limited to, an amount
<br />which is required to be reported to a state or local agency pursuant to law (e.g., California's
<br />Hazardous Materials Storage and Emergency Response Act, Health and Safety Code Section 25550
<br />et seq.) shall be considered a material default hereunder. Company shall immediately clean up and
<br />completely remove all Hazardous Substances placed by Company on, under, about or within the
<br />ATTY/AGR/2019.105/CROWN CASTLE FIBER, LLC
<br />REV: 04-23-19 DZ
<br />Page 14 of 21
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