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<br />materials on the site shall be stored, used, generated and disposed of in accordance with
<br />all applicable environmental laws,
<br />4,3,2 In addition, in the event of any release on or contamination of the Property, the
<br />Contractor, at its sole expense, shall promptly notify SCRRA of any spill, release, or
<br />discharge of any hazardous material and take all actions necessary to clean up the
<br />affected Property (including SCRRA or Member Agency Property and all affected
<br />adjacent Property -whether or not owned by SCRRA or Member Agency) and to return
<br />the affected Property to the condition existing prior to such release or contamination, to
<br />the satisfaction of SCRRA and Member Agency and any governmental authorities
<br />having jurisdiction thereover.
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<br />4.3.3 Prior to commencing any hazardous materials work (testing for or removal of hazardous
<br />materials), the Contractor shall obtain the prior written approval of SCRRA of the
<br />proposed work plan, which plan shall include site-specific health and safety plan for such
<br />hazardous materials work, and any parties, other than employees, who will be entering
<br />upon the Property or performing work. The Contractor shall not perform any hazardous
<br />materials work on the Property which is not set forth in the approved hazardous materials
<br />work plan and shall not make any changes to the approved plan without prior written
<br />consent, which consent may be withheld in SCRRA's sole and absolute discretion.
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<br />4.3.4 The Contractor shall furnish copies of: (i) all results (including all technical data and
<br />laboratory reports) of any sampling and analytical tests performed in the course of the
<br />hazardous materials work; (ii) all evaluations, technical data and analyses, reports (draft
<br />and final), and recommendations relating to environmental conditions in, on, or under the
<br />Property; and (iii) all plans, permits, registrations, approvals, orders, notices (including
<br />notices of violation and notices to comply), inquiries, directives, guidelines, standards,
<br />reports (routine and non-routine), and other correspondence submitted to, or received
<br />from, any federal, state, or local governmental authority regarding the hazardous
<br />materials work.
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<br />4.3.5 The Contractor shall ensure that all documentation for transportation or disposal of
<br />hazardous materials from the Property shall be prepared and executed in Contractor's
<br />name only and SCRRA or Member Agency shall not have any responsibility or liability
<br />therefore. Prior to transportation or disposal of any wastes or hazardous materials from
<br />the Property, the Contractor shall provide SCRRA with copies of all draft transportation
<br />and disposal documentation required for the transportation and disposal of such waste or
<br />hazardous materials, and immediately subsequent to the transportation or disposal of any
<br />wastes or hazardous materials from the Property, provide SCRRA with copies of all final
<br />and complete transportation and disposal documentation required for the transportation
<br />and disposal of such waste or hazardous materials. (Such transportation and disposal
<br />documentation shall include, but not be limited to any and all hazardous waste
<br />manifests).
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<br />4.3.6 To the extent permitted by law and unless the Contractor has obtained the prior written
<br />consent of SCRRA (which SCRRA may withhold in its sole and absolute discretion), the
<br />Contractor hereby covenants and agrees to: (I) keep all information concerning or arising
<br />from the hazardous materials work confidential; and (ii) retTain from disclosing such
<br />information to third parties, except as may be required by order of a governmental
<br />agency having jurisdiction over the hazardous materials work, and shall use its best
<br />efforts to ensure that, to the extent permitted by law, Contractor's parties also comply
<br />with these covenants, In the event that the Contractor believes that it, or any of
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<br />SCRRA/Metrolink
<br />FORM37
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<br />Page 7
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<br />05/27/04
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