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(b) Between the date of this Agreement and the Closing Date, except
<br />as necessary and appropriate for typical construction purposes and the ordinary use of the
<br />Property, and in compliance with all applicable laws, labels and instructions for use, handling
<br />and disposal, SCOA shall not use, produce, process, manufacture, generate, treat, handle, store or
<br />dispose of any Hazardous Materials in, on or under the Levee Assets, or use the Levee Assets for
<br />any such purposes, or release any Hazardous Materials into any air, soil, surface water or
<br />groundwater comprising the Property, or knowingly permit any person using or occupying the
<br />Property or any part thereof to do any of the foregoing. Between the date of this Agreement and
<br />the Closing Date, SCOA shall comply, and shall use reasonable efforts to cause all persons using
<br />or occupying the Property or any part thereof to comply, with all Environmental Laws applicable
<br />to the Property, or the use or occupancy thereof, or any operations or activities therein or
<br />thereon.
<br />(c) Between the date of this Agreement and the Closing Date,
<br />immediately after SCOA obtains any actual knowledge that any Hazardous Materials may be
<br />present in violation of Environmental Laws or any unlawful release or threatened release of
<br />Hazardous Materials may have occurred in, on or under the Levee Assets or that any violation of
<br />any Environmental Laws may have occurred at the Property, SCOA shall give written notice
<br />thereof to City with a reasonably detailed description of the event, occurrence or condition in
<br />question. SCOA shall immediately furnish to City copies of all written communications received
<br />by SCOA from any person (including notices, complaints, claims or citations that any release or
<br />threatened release of any Hazardous Materials or any violation of any Environmental Laws has
<br />actually or allegedly occurred) or given by SCOA to any person concerning any past or present
<br />release or threatened release of any Hazardous Materials in, on or under the Property or any past
<br />or present violation of any Environmental Laws at the Property. As used herein the term
<br />"Hazardous Materials" means: (i) petroleum or petroleum products, natural or synthetic gas,
<br />asbestos in any form that is or could become friable, urea formaldehyde foam insulation, and
<br />radon gas; (ii) any substances defined as or included in the definition of "hazardous substances,"
<br />"hazardous wastes," "hazardous materials," "extremely hazardous wastes," "restricted hazardous
<br />wastes," "toxic substances," "toxic pollutants," "contaminants" or "pollutants," or words of
<br />similar import, under any applicable Environmental Laws (defined below); and (iii) any other
<br />substance the exposure to which is regulated by any governmental authority. "Environmental
<br />Laws" means any federal, state or local statute, law, rule, regulation, ordinance, code, policy or
<br />rule of common law now or hereafter in effect and in each case as amended, and any judicial or
<br />administrative interpretation thereof, including any judicial or administrative order, consent
<br />decree or judgment, relating to the environment, health, safety or Hazardous Materials, including
<br />without limitation, the Comprehensive Environmental Response, Compensation, and Liability
<br />Act of 1980, 42 U.S.C. §§ 9601 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C.
<br />§§ 6901 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §§ 1801 et seq.; the
<br />Clean Water Act, 33 U.S.C. §§ 1251 et seq.; the Toxic Substances Control Act, 15 U.S.C. §§
<br />2601 et seq.; the Clean Air Act, 42 U.S.C. §§ 7401 et seq.; the Safe Drinking Water Act, 42
<br />U.S.C. §§ 300f et seq.; the Atomic Energy Act, 42 U.S.C. §§ 2011 et seq.; the Federal
<br />Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §§ 136 et seq.; the Occupational Safety and
<br />Health Act, 29 U.S.C. §§ 651 et seq.
<br />OAK #4819-4834-1908 v20 Exhibit C Page 9
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