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REV: 03-25-24 LF
<br />15.4 Licensee shall not install permanent underground or above ground storage tanks on
<br />the Property.
<br />15.5 Licensor or its officers, employees, contractors, or agents shall at all times have the
<br />right to go upon and inspect the Property, including the Licensed Area and Connection Area and
<br />the operations conducted thereon to assure compliance with the requirements herein stated. This
<br />inspection may include taking samples for chemical analysis of substances and materials present
<br />and/or testing soils on Property and taking photographs.
<br />15.6 Licensee shall, within forty-eight (48) hours of the discovery by Licensee of the
<br />presence of, or believed presence of, a Hazardous Substance as defined herein, give written notice
<br />to Licensor in the event that Licensee knows or has reasonable cause to believe that any release of
<br />Hazardous Substance has come or will come to be located on, under, about or within the Licensed
<br />Area or Property. The failure to disclose in a timely manner the release of a Hazardous Substance
<br />on the Property by Licensee, including but not limited to, an amount which is required to be
<br />reported to a state or local agency pursuant to law (e.g., California’s Hazardous Materials Storage
<br />and Emergency Response Act, Health and Safety Code Section 25550 et seq.) shall be grounds for
<br />termination of this License by Licensor in addition to actual damages and other remedies provided
<br />by law. Licensee shall immediately clean up and completely remove all Hazardous Substances
<br />placed by Licensee on, under, about or within the Licensed Area or Property, in a manner that is
<br />in all respects safe and in accordance with all applicable Laws.
<br />15.7 In the event Hazardous Substances are discovered, Licensee shall disclose to
<br />Licensor the specific information regarding Licensee’s discovery of any Hazardous Substances
<br />placed on, under, about or within the Licensed Area by Licensee, and provide written
<br />documentation of its safe and legal disposal, to the extent that Licensee is required to dispose of
<br />same hereunder.
<br />15.8 Breach of any of these covenants, terms, and conditions, and Licensee’s failure to
<br />cure within thirty (30) days of Licensee’s receipt of written notice from Licensor or to diligently
<br />commence the cure and pursue the same to completion if the cure reasonably requires more than
<br />thirty (30) days, shall give Licensor the authority to either immediately terminate this License or
<br />to shut down Licensee’s operations thereon, at the sole discretion of Licensor. In either case,
<br />Licensee will continue to be liable under this License to remove and mitigate all Hazardous
<br />Substances placed by Licensee on, under, about or within the Property. Licensee shall be
<br />responsible for, and bear the entire cost of removal and disposal of, all Hazardous Substances
<br />introduced to the Licensed Area by Licensee during Licensee’s period of use and possession of
<br />Licensed Area. Upon termination of this License, Licensee shall, in accordance with all Laws,
<br />remove from Licensed Area any equipment or improvements placed within the Licensed Area by
<br />Licensee that may be contaminated by Hazardous Substances.
<br />15.9 Licensee shall defend, indemnify and hold Licensor and its officials, officers,
<br />employees, contractors and agents free and harmless from any and all claims, liability, injury,
<br />damage, costs, or expenses (including, without limitation, the cost of attorney’s fees) arising as a
<br />result of the presence of use of any Hazardous Substances placed or caused to be placed by
<br />Licensee or its partners, affiliates, agents, officials, officers, contractors or employees on the
<br />Licensed Area or Property. Licensor shall defend, indemnify and hold Licensee and its officials,
<br />ATTY/AGR.2024.027/Verizon Wirelsss (License Agreement) (Page 22 of 46)
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