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REV: 03-25-24 LF
<br />15.HAZARDOUS SUBSTANCES.
<br />15.1 For purposes of this License, 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,
<br />and Liability Act (CERCLA), 42 United States Code Section 9601 et seq.; the Resources
<br />Conservation and Recovery Act, 42 United States Code Section 6901 et seq.; the Hazardous
<br />Materials Transportation Conservation and Recovery Act, 42 United States Code Section 1801 et
<br />seq.; the Clean Water Act, 33 United States Code Section 1251 et seq.; the Toxic Substances
<br />Control Act, 15 United States Code Section 2601 et seq.; the California Hazardous Waste Control
<br />Act, Health and Safety Code Section 25100 et seq.; the Hazardous Substance Account Act, Health
<br />and Safety Code Section 25330 et seq.; the California Safe Drinking Water and Toxic Enforcement
<br />Act, Health and Safety Code Section 25249.5 et seq.; California Health and Safety Code Section
<br />25280 et seq. (Underground Storage of Hazardous Substances); the California Hazardous Waste
<br />Management Act, Health and Safety Code Section 25170.1 et seq.; California Health and Safety
<br />Code Section 25501 et seq. (Hazardous Materials Release Response Plans and Inventory); or the
<br />California Porter-Cologne Water Quality Control Act, Water Code Section 13000 et seq., all as
<br />amended (the above cited California state statutes are hereinafter collectively referred to as the
<br />“State Toxic Substances Law”); or any other federal, state, or local statute, law, ordinance,
<br />resolution, code, rule, regulation, order or decree regulating, relating to, or imposing liability or
<br />standards of conduct concerning any Hazardous Substance, now or at any time hereinafter in
<br />effect; (b) any substance, product, waste or other material of any nature whatsoever which may
<br />give rise to liability under any of the above statutes or under any statutory or common law theory
<br />based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported
<br />decisions of a state or federal court; (c) petroleum or crude oil, other than petroleum and petroleum
<br />products which are contained within regularly operated motor vehicles; and (d) asbestos.
<br />15.2 Licensor makes no warranty or representation whatsoever concerning the Licensed
<br />Area, including without limitation, the condition, fitness or utility for any purpose thereof, of any
<br />improvements thereto with applicable laws, ordinances or governmental regulations. Licensee’s
<br />right to use the Licensed Area is strictly on an “as is” basis with all faults. Licensor hereby
<br />disclaims all warranties whatsoever, express or implied, the condition of the soil (or water),
<br />geology, and any warranty of merchantability or habitability or fitness for a particular purpose.
<br />Licensor hereby acknowledges and agrees that Licensee shall not be liable or responsible for any
<br />Hazardous Substances on, under or about the Licensed Area or Property existing prior to
<br />Licensee’s initial installation of the Communications Equipment on the Property, except to the
<br />extent brought on or exacerbated by Licensee.
<br />15.3 Except as otherwise specifically permitted under the terms of this License, Licensee
<br />shall not use, create, generate, store, deposit, dispose of or allow any Hazardous Substances on,
<br />under, about or within the Licensed Area or Property in violation of any federal, state, or local law,
<br />rule, regulation, order, decree or other requirement listed in Section 15.1. Storage batteries for
<br />emergency power, fuel for temporary generators during power outages, and ordinary paints,
<br />solvents and similar substances commonly used in small quantities and necessary for maintenance
<br />of the Licensee’s Communications Equipment are excepted from the preceding prohibition of use
<br />by Licensee of Hazardous Substances on Property, so long as Licensee complies with all applicable
<br />federal, state and local laws, rules and regulations governing the use of such items.
<br />ATTY/AGR.2024.027/Verizon Wirelsss (License Agreement) (Page 21 of 46)
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