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Premises.
<br /> 14. HAZARDOUS MATERIALS.
<br /> A. LICENSEE shall at all times and in all respects comply with all federal, state,
<br /> and local laws, ordinances and regulations, including, but not limited to, the
<br /> Federal Water Pollution Control Act(33 U.S.C. section 1251, et seq.), Resource
<br /> Conservation and Recovery Act (42 U.S.C. section 6901, et seq.), Safe Drinking
<br /> Water Act(42 U.S.C. section 300f, et seq.), Toxic Substances Control Act(15
<br /> U.S.C. section 2601, et seq.), Clean Air Act(42 U.S.C. section 7401, et seq.)
<br /> Comprehensive Environmental Response, Compensation and Liability Act (42
<br /> U.S.C. section 9601, et seq.), Safe Drinking Water and Toxic Enforcement Act
<br /> (California Health and Safety 9 Amended 2018 MLA: CTC Approved May18-
<br /> 19, 2022 Code section 25249.5, et seq.), other applicable provisions of the
<br /> California Health and Safety Code (section 25100, et seq., and section 39000, et
<br /> seq.), 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
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