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SL Dark Fiber Initials
<br />113. Environmental Indemnity Subject to Sections 11.1 and 11.2 above, SL Dark
<br />Fiber shall indemnify, defend (with counsel reasonably acceptable to the City) and hold
<br />Indemnitees harmless from and against all Claims arising during the Term of this License and
<br />resulting, arising, or based directly or indirectly in whole or in part, upon (i) the presence,
<br />release, use, generation, discharge, transport, storage or disposal of any Hazardous Materials on,
<br />under, in or about, or the transportation of any such Hazardous Materials to or from, the Property
<br />during the Term of this License, (ii) the failure of SL Dark Fiber, SL Dark Fiber's employees,
<br />agents, contractors, subcontractors, licensees, permittees, or any person acting on behalf of any
<br />of the foregoing to comply with Hazardous Materials Laws, or (iii) the breach by SL Dark Fiber
<br />of any of its covenants contained in this Article 11 . The foregoing indemnity shall further apply
<br />to any residual contamination in, on, under or about the Property or affecting any natural
<br />resources, and to any contamination of any property or natural resources arising in connection
<br />with the generation, use, handling, treatment, storage, transport or disposal of any such
<br />Hazardous Materials, and irrespective of whether any of such activities were or will be
<br />undertaken in accordance with Hazardous Materials Laws and shall include, without limitation,
<br />Claims arising in connection with any investigation of site conditions or any clean -up, remedial,
<br />removal or restoration work ordered by a court or required by any federal, state, or local
<br />governmental city or political subdivision. It is further agreed that the City does not and shall
<br />not waive any rights against SL Dark Fiber which it may have by reason of this Section because
<br />of the acceptance by the City, of SL Dark Fiber's deposit with the City of any of the insurance
<br />policies described in this License. This Section 113 shall survive the expiration or earlier
<br />termination of this License.
<br />(a) Remedial Work For purposes of this License, "Remedial Work" means
<br />all investigation, testing, analysis, monitoring, restoration, abatement, detoxification,
<br />containment, handling, treatment, removal, storage, decontamination, clean -up, transport,
<br />disposal or other ameliorative work or response action required by (i) any Hazardous Materials
<br />Laws, (ii) any order or request of any federal, state or local governmental city, or (iii) any
<br />judgment, consent decree, settlement or compromise with respect to any and all enforcement,
<br />clean -up, removal, remedial or other governmental or regulatory actions or agreements or orders
<br />threatened, instituted, or completed pursuant to any Hazardous Materials Laws or any actions,
<br />proceedings or claims by such entities or third parties relating to or arising out of the breach of
<br />any Hazardous Materials Laws or the presence or release of any Hazardous Material in, on,
<br />under or from the Property.
<br />(b) Hazardous Materials As used herein, "Hazardous Materials" means any
<br />substance, material, or waste which is or becomes regulated by any local, state or federal
<br />authority, city or governmental body, including any material or substance which is: (i) defined as
<br />a "hazardous waste," "extremely hazardous waste," or "restricted hazardous waste" under
<br />Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health
<br />and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law); (ii) defined as a
<br />"hazardous substance" under Section 25316 of the California Health and Safety Code, Division
<br />20, Chapter 6.8 (Carpenter - Presley- Tanner Hazardous Substance Account Act); (iii) defined as a
<br />"hazardous material," "hazardous substance," or "hazardous waste" under Section 25501 of the
<br />1677047x4 17 Lit San Leandro Fiber Optic License
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