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SL Dark Fiber Initials
<br /> 11.3. 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 /> lndemnitees 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 11.3 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 govemmental 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 /> 1677047v4 17 Lit San Leandro Fiber Optic License
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