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REV: 10-26-2021 SK
<br />9.2. Except as otherwise specifically permitted under the terms of this
<br />License, Licensee shall not use, create, generate, store, deposit, dispose of or allow
<br />any Hazardous Substances on, under, about or within the Premises or Property in
<br />violation of any federal, state, or local law, rule, regulation, order, decree or other
<br />requirement listed in Section 9.1. Storage batteries for emergency power, fuel for
<br />temporary generators during power outages, and ordinary paints, solvents and
<br />similar substances commonly used in small quantities and necessary for
<br />maintenance of the Licensee’s Facilities are excepted from the preceding
<br />prohibition of use by Licensee of Hazardous Substances on Property, so long as
<br />Licensee complies with all applicable federal, state and local Laws, rules and
<br />regulations governing the use of such items.
<br />9.3. Licensee shall, within forty-eight (48) hours of the discovery by
<br />Licensee of the presence of, or believed presence of, a Hazardous Substance in
<br />violation of any applicable Law, give written notice to the City in the event that
<br />Licensee knows or has reasonable cause to believe that any release of Hazardous
<br />Substance has come or will come to be located on, under, about or within the
<br />Municipal Facilities or Public Way which are the subject of this MLA. The failure
<br />to disclose in a timely manner the release of a Hazardous Substance thereon by
<br />Licensee, including but not limited to, an amount which is required to be reported
<br />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
<br />seq.) shall be considered a material default hereunder. Licensee shall immediately
<br />clean up and completely remove (or otherwise mitigate as directed by an entity with
<br />regulatory authority) all Hazardous Substances placed by Licensee in violation of
<br />any applicable Law on, under, about or within the Municipal Facilities or Public
<br />Way, which are the subject of this MLA, in a manner that is in all respects safe and
<br />in accordance with all applicable Laws.
<br />9.4. In the event Hazardous Substances are discovered in violation of any
<br />applicable Law, Licensee shall disclose to the City the specific information
<br />regarding Licensee’s discovery of any Hazardous Substances placed, by Licensee,
<br />on, under, about or within the Municipal Facilities or Public Way which are the
<br />subject of this MLA, and provide written documentation of the safe and legal
<br />disposal of the released Hazardous Substances and materials contaminated by
<br />same, to the extent that Licensee is required to dispose of same hereunder.
<br />9.5. Breach of any of these covenants, terms, and conditions, and
<br />Licensee’s failure to cure within thirty (30) days of Licensee’s receipt of written
<br />notice from the City, shall give the City the authority to either immediately
<br />terminate the subject SLA or to shut down Licensee’s operations thereon, at the
<br />sole discretion of the City. In either case, Licensee will continue to be liable under
<br />this MLA to remove and/or mitigate all Hazardous Substances placed by Licensee
<br />on, under, about or within the Municipal Facilities or Public Way, in accordance
<br />with Sections 9.3 and 9.4. Licensee shall be responsible for, and bear the entire
<br />cost of removal and disposal of, all Hazardous Substances introduced by Licensee
<br />during Licensee’s period of use of the Municipal Facilities.
<br />ATTY/AGR.2021.268/Crown Castle (Page 17 of 28)
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