Agmt 2011 San Leandro Dark Fiber LLC (2)

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(c) Upon receiving knowledge of the same, SL Dark Fiber shall immediately advise the City in writing of: (i) any and all enforcement, clean -up, removal or other governmental or regulatory actions instituted, completed or threatened against SL Dark Fiber or the Property pursuant to any applicable Hazardous Materials Laws; (ii) any and all complaints, claims, citations, demands, inquiries, reports, or notices made or threatened by any third party against SL Dark Fiber relating to damage, contribution, cost recovery, compensation, loss or injury resulting from any Hazardous Materials; (iii) the presence or release of any Hazardous Materials in, on, under, about or from the Property; or (iv) SL Dark Fiber's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property classified as "Border Zone Property" under the provisions of California Health and Safety Code, Sections 25220 et seg., or any regulation adopted in connection therewith, that may in any way affect the Property pursuant to any Hazardous Materials Laws or cause it or any part thereof to be designated as Border Zone Property. The matters set forth in the foregoing clauses (i) through (iv) are • hereinafter referred to as "Hazardous Materials Claims." The City shall have the right at its own expense to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claim. (d) If the presence of any Hazardous Material on the Property results in any contamination of the Property in violation of Hazardous Materials Laws, except to the extent such contamination is caused by the City, its employees, agents or contractors, SL Dark Fiber shall promptly take all actions at its sole expense as are necessary to remediate the Property as required by law; provided that the City's approval of such actions shall first be obtained, which approval may be withheld in the City's reasonable discretion. All costs and expenses of any Remedial Work shall be paid by SL Dark Fiber, it being understood that the City shall incur no cost, expense or liability in connection with any Remedial Work. The City shall have the right, . but no obligation, to join and participate in, as a party if it so elects at the City's cost, any legal proceedings or actions initiated in connection with any Hazardous Material Claims. 11.2. Release of Claims. SL Dark Fiber hereby waives, releases and discharges forever lndemnitees from all present and future Claims SL Dark Fiber may have arising directly or indirectly from the presence or alleged presence of Hazardous Materials on, under, in or about the Property; provided however, this release excludes and shall not apply to (i) any Hazardous Material that originates from any City -owned property other than the Property and which migrates onto the Property after the Effective Date, or (ii) any Hazardous Materials that are generated or caused by the Indemnitees' acts or omissions after the Effective Date. SL Dark Fiber is aware of and familiar with the provisions of Section 1542 of the California Civil Code which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. As such relates to this Section 11.2, SL Dark Fiber hereby waives and relinquishes all rights and benefits which it may have under Section 1542 of the California Civil Code. 1677047v4 16 Lit San Leandro Fiber Optic License