|
REV: 04-01-24 SK
<br />Hazardous Materials Transportation Conservation and Recovery Act, 42 United States Code
<br />Section 1801 et seq.; the Clean Water Act, 33 United States Code Section 1251 et seq.; the Toxic
<br />Substances Control Act, 15 United States Code Section 2601 et seq.; the California Hazardous
<br />Waste Control Act, Health and Safety Code Section 25100 et seq.; the Hazardous Substance
<br />Account Act, Health and Safety Code Section 25330 et seq.; the California Safe Drinking Water
<br />and Toxic Enforcement Act, Health and Safety Code Section 25249.5 et seq.; California Health
<br />and Safety Code Section 25280 et seq. (Underground Storage of Hazardous Substances); the
<br />California Hazardous Waste Management Act, Health and Safety Code Section 25170.1 et seq.;
<br />California Health and Safety Code Section 25501 et seq. (Hazardous Materials Release Response
<br />Plans and Inventory); or the California Porter-Cologne Water Quality Control Act, Water Code
<br />Section 13000 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, state, or local
<br />statute, law, ordinance, resolution, code, rule, regulation, order or decree regulating, relating to, or
<br />imposing liability or standards of conduct concerning any Hazardous Substance, now or at any
<br />time hereinafter in effect; (b) any substance, product, waste or other material of any nature
<br />whatsoever which may give rise to liability under any of the above statutes or under any statutory
<br />or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or
<br />under any reported decisions of a state or federal court; (c) petroleum or crude oil, other than
<br />petroleum and petroleum products which are contained within regularly operated motor vehicles;
<br />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 />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 />ATTY/AGR.2024.045/Verizon Wireless (Temporary Wireless Communication Site) (Page 20 of 31)
|