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REV: 10-28-2021 SK
<br />Code Section 25170.1 et seq.; California Health and Safety Code Section 25501 et
<br />seq. (Hazardous Materials Release Response Plans and Inventory); or the
<br />California Porter-Cologne Water Quality Control Act, Water Code Section 13000
<br />et seq., all as amended (the above cited California state statutes are hereinafter
<br />collectively referred to as the “State Toxic Substances Law”); or any other federal,
<br />state, or local statute, law, ordinance, resolution, code, rule, regulation, order or
<br />decree regulating, relating to, or imposing liability or standards of conduct
<br />concerning any Hazardous Substance, now or at any time hereinafter in effect; (b)
<br />any substance, product, waste or other material of any nature whatsoever which
<br />may give rise to liability under any of the above statutes or under any statutory or
<br />common law theory based on negligence, trespass, intentional tort, nuisance or
<br />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
<br />contained within regularly operated motor vehicles; and (d) asbestos.
<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 />ATTY/AGR.2021.274/New CIngular Wireless/AT16 (Page 16 of 27)
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