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REV: 07-15-21 MI
<br />urea formaldehyde; (7) microbiological pollutants; (8) batteries or liquid solvents
<br />or similar chemicals; (9) radon gas; (10) mildew, fungus, mold, bacteria and/or
<br />other organic spore material, whether or not airborne, colonizing, amplifying or
<br />otherwise; and (11) any additional substance, material or waste (A) the presence of
<br />which on or about the Building (i) requires reporting, investigation or remediation
<br />under any Environmental Laws, (ii) causes or threatens to cause a nuisance on the
<br />Building or any adjacent area or property or poses or threatens to pose a hazard to
<br />the health or safety of persons on the Building or any adjacent area or property, or
<br />(iii) which, if it emanated or migrated from the Building, could constitute a
<br />trespass, or (B) which is now or is hereafter classified or considered to be
<br />hazardous or toxic under any Environmental Laws. "Environmental Laws" means
<br />all statutes, terms, conditions, limitations, restrictions, standards, prohibitions,
<br />obligations, schedules, plans and timetables that are contained in or promulgated
<br />pursuant to any federal, state or local laws (including rules, regulations,
<br />ordinances, codes, judgments, orders, decrees, contracts, permits, stipulations,
<br />injunctions, the common law, court opinions, and demand or notice letters issued,
<br />entered, promulgated or approved thereunder), relating to pollution or the
<br />protection of the environment, including laws relating to emissions, discharges,
<br />releases or threatened releases of Hazardous Substances into ambient air, surface
<br />water, ground water or lands or otherwise relating to the manufacture, processing,
<br />distribution, use, treatment, storage, disposal, transport or handling of Hazardous
<br />Substances, including but not limited to the: Comprehensive Environmental
<br />Response Compensation and Liability Act of 1980 (CERCLA), as amended by the
<br />Superfund Amendments and Reauthorization Act of 1986 (SARA), 42 U.S.C.
<br />9601 et seq.; Solid Waste Disposal Act, as amended by the Resource Conservation
<br />and Recovery Act of 1976 (RCRA), 42 U.S.C. 6901 et seq.; Federal Water
<br />Pollution Control Act, 33 U.S.C. 1251 et seq.; Toxic Substances Control Act, 15
<br />U.S.C. 2601 et seq.; Clean Air Act, 42 U.S.C. 7401 et seq.; and the Safe Drinking
<br />Water Act, 42 U.S.C. § 300f et seq. "Environmental Laws" shall include any
<br />statutory or common law that has developed or develops in the future regarding
<br />mold, fungus, microbiological pollutants, mildew, bacteria and/or other organic
<br />spore material. "Environmental Laws" shall not include laws relating to industrial
<br />hygiene or worker safety, except to the extent that such laws address asbestos and
<br />asbestos containing materials (whether friable or non-friable) or lead and lead
<br />based paint or other lead containing materials.
<br />ii. CITY's obligations under this Section C shall survive the expiration or earlier
<br />termination of this Agreement until all claims within the scope of this Section are
<br />fully, finally, and absolutely barred by the applicable statutes of limitations.
<br />
<br />D. CITY shall provide GOOGLE with adequate proof of insurance ("Proof of Insurance")
<br />covering the Activities. The Proof of Insurance shall list both GOOGLE and CBRE, Inc.
<br />("CBRE") as also-insured parties. CITY shall submit the Proof of Insurance to GOOGLE
<br />no later than five (5) business days after the CITY’s execution of this Agreement, which
<br />shall be not less than five (5) business days prior to CITY's conduct of any Activities.
<br />GOOGLE shall approve or deny the adequacy of Proof of Insurance at GOOGLE's sole
<br />discretion. CITY may not conduct any Activities until CITY has submitted and GOOGLE
<br />has approved the Proof of Insurance. CITY's Proof of Insurance must demonstrate the
<br />ATTY/AGR.2021.186/Google (Hold Harmless - Google Building) (Page 4 of 8)
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