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• Hazards to tires, and other unsafe conditions <br />The results of each daily inspection shall be recorded in a written report <br />and maintained by Operator. Operator shall notify Contract Administrator <br />immediately of any hazardous conditions or defects, <br />If the Operator defaults in the performance of any covenant, condition, or <br />agreement contained in this clause, and such default is not corrected within <br />twenty -four (24) hours after the Operator receives written notice from the City, <br />the City may impose a penalty as set forth in the Liquidated Damages term <br />(Section 29) hereof, for each day the Operator remains in default, or the City may <br />terminate this Agreement and take over possession and operation of the Parking <br />Facilities in accordance with the provisions of Section 28 ( "Termination By <br />City ") herein. <br />14. HAZARDOUS MATERIALS <br />13.1. Prohibited. The use and storage of Hazardous Materials by the Operator in <br />the Parking Facilities is prohibited except as necessary to perform the services required <br />under this Operating Agreement. To the extent the Operator must use Hazardous <br />Materials to perform the services required under this Operating Agreement, the Operator <br />shall comply with the following conditions: <br />a. The Operator shall comply with all Federal, Stale and local laws and <br />regulations regarding the use, storage and disposal for such Hazardous Materials. <br />b. The Operator shall be solely responsible for obtaining all permits necessary to <br />use, store, or dispose of the Hazardous Materials it uses. <br />c. The Operator shall take all necessary precautions to prevent any Hazardous <br />Materials it uses from entering into any storm or sewage drain system, or into the <br />air or groundwater or from being released on the Parking Facilities. <br />d. The Operator shall be solely and fully responsible for the release of any <br />Hazardous Material that it uses. The Operator shall timely comply with all <br />requirements of all appropriate governmental agencies and authorities in its <br />investigation, remediation and clean up of any release of a Hazardous Material. If <br />the Operator does not promptly commence and diligently pursue the remediation <br />and clean up any release of such Hazardous Material, the City, in its discretion, <br />may pay, to have the release remediated and cleaned tip, and the Operator shall <br />reimburse the City within fifteen (15) business days of City's demand for <br />payment. The failure to commence remediation and clean -up and to provide City <br />with a schedule for diligent completion of the remediation within sixty (66) days <br />after discovery of such release, or danger of release, of such Hazardous Material <br />shall constitute prism facie evidence of failure to promptly commence <br />remediation. <br />18 <br />