8I Consent 2012 0206 - Laserfiche WebLink

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(i) Notice of Release or Investigation If during the term of this Agreement, Licensee becomes aware of (a) any actual or threatened release of any Hazardous Material on, under, or about the Premises, or (b) any inquiry, investigation, proceeding, or claim by any government agency or other person regarding the presence of Hazardous Material on, under, or about the Premises, Licensee shall give City written notice of the release or investigation within three (3) days after learning of it and shall simultaneously furnish to City copies of any claims, notices of violation, reports, or other writings received by Licensee that concern the release or investigation. (ii) Remediation Obligations If the presence of any Hazardous Material brought onto the Premises by Licensee or Licensee's agents, employees, invitees, customers, consultants, contractors or subcontractors results in contamination of the Premises, Licensee shall promptly take all necessary actions to remove or remediate such Hazardous Materials, whether or not they are present at concentrations exceeding state or federal maximum concentration or action levels, or any governmental agency has issued a cleanup order, at Licensee's sole expense, to return the Premises to the condition that existed before the introduction of such Hazardous Material. Licensee shall first obtain City's approval of the proposed removal or remedial action. d. Licensee shall not impair or interfere with City's ability to access the Property. Without limiting the generality of the foregoing, City shall be permitted to enter onto the Property to conduct sampling and surveying activities for the Eden Road Project. City agrees that it will provide 72 hours' notice prior to undertaking such activities and will not unreasonably interfere with Licensee's use of the Premises for Permitted Activity. e. Licensee expressly acknowledges and agrees that City shall have no obligation to provide security services or fencing, and Licensee's use of the Premises is at Licensee's own risk. The installation and maintenance of any fencing Licensee elects to install and the provision of any security services that Licensee elects to engage at or for the Premises shall be at Licensee's sole expense without reimbursement. f. Licensee expressly acknowledges and agrees that City has no obligation to maintain or repair the Property or the Improvements, and Licensee accepts use of the Property and the Improvements in their AS -IS condition. Without limiting the generality of the foregoing, Licensee expressly acknowledges that: (i) the Premises are not served with utilities, including without limitation electrical service, sewer or water services, or trash collection, (ii) City has no obligation to provide any such utilities or services, or any other such services, and (iii) if Licensee arranges for any such utilities or services to be provided to the Premises, all such arrangements and services shall be at Licensee's sole expense without reimbursement. g. Licensee shall, at Licensee's sole cost and expense, maintain the Property and the Improvements in their condition existing as of the Effective Date, reasonable wear and tear excepted, and shall keep the Premises in condition free of debris, litter and graffiti. Without limiting the generality of the foregoing, Licensee shall be responsible for maintaining landscaping on the Property and for undertaking at Licensee's sole expense, any necessary repair or resurfacing of paved surfaces on the Property and any repair or maintenance of fencing and 1732830.3