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sect.), California Water Code (section 13000, et seq.), and other comparable state
<br /> laws, regulations, and local ordinances relating to industrial hygiene,
<br /> environmental protection or the use, analysis, generation,manufacture, storage,
<br /> disposal, or transportation of any oil, flammable explosives, asbestos, urea,
<br /> formaldehyde,radioactive materials,or waste, or other hazardous, toxic,
<br /> contaminated or polluting materials, substances or wastes, including, without
<br /> limitation, any "hazardous substances" under any such laws, ordinances or
<br /> regulations(collectively "Hazardous Materials Laws").
<br /> B. As used in the provisions of this Agreement, "hazardous materials" include any
<br /> "hazardous substance" as that term is defined in section 25316 of the California
<br /> Health and Safety Code and any other material or substance listed or regulated by
<br /> any Hazardous Materials Law or posing a hazard to health or the environment.
<br /> Except as otherwise expressly permitted in this Agreement, LICENSEE shall not
<br /> use, create, store or allow any hazardous materials on the Premises, except fuel
<br /> properly stored for back-up generators and the storage of fuel for such generators
<br /> shall only be allowed if provided in a particular Premises License under the
<br /> conditions of that Premises License or in a specific encroachment permit.
<br /> C. LICENSEE acknowledges that(1) prior to the commencement of the term of this
<br /> Agreement, LICENSOR will make available upon request to LICENSEE, for
<br /> review and inspection, records in the possession or control of LICENSOR which
<br /> might reflect the potential existence of hazardous materials on or beneath the
<br /> Premises; (2)LICENSOR has provided LICENSEE access to the Premises for a.
<br /> reasonable time and upon reasonable terms and conditions for purposes of
<br /> providing to.LICENSEE the opportunity to investigate, sample, and analyze the
<br /> soil and groundwater on the Premises for the presence of hazardous materials; (3)
<br /> by signing this Agreement, LICENSEE represents and warrants to LICENSOR
<br /> that LICENSEE does not know nor has reasonable cause to believe that any
<br /> release of hazardous material has come to be located on or beneath the Premises;
<br /> and(4) with respect to any hazardous material which LICENSEE knows or has
<br /> reasonable cause to believe has come or will come to be located on or beneath the
<br /> Premises, LICENSEE agrees to promptly commence and complete the removal
<br /> of the hazardous material at no cost or expense to LICENSOR and in full
<br /> compliance with all applicable laws, regulations, permits, approvals, and
<br /> authorizations. The phrase "hazardous material", as used herein, has the same
<br /> meaning as that phrase has in Section 14 B. of this Agreement.
<br /> D. No permanent underground or above ground storage tanks shall be installed on
<br /> Premises. Only temporary fuel tanks with secondary containment, for the sole
<br /> purpose of storing fuel for the backup generators,are.allowed.
<br /> E. In no case shall LICENSEE cause or allow the deposit or disposal of any
<br /> hazardous materials of any kind on the Property, in any manner prohibited by
<br /> law. LICENSOR, or its agents or contractors, shall upon seventy-two hours' prior
<br /> notice to LICENSEE and accompanied by an escort designated by LICENSEE,
<br /> have the right to go upon and inspect the Premises and the operations thereon to
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