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<br />c. Assumption of Risk: Lessee agrees to assume all risk of damage to any property of <br />Lessee or any other property under the control or custody of Lessee while upon the <br />Property or rights of way of Lessor or in proximity thereto, caused by or contributed <br />to in any way by Lessor’s construction, reconstruction, operation, maintenance, <br />repair, or use of pipelines, reservoirs or other facilities or improvements or roadways <br />of Lessor, present or future. <br /> <br /> <br />21. HAZARDOUS MATERIALS <br /> <br />a. Representation: Lessor represents that it has conducted no site investigation(s) for <br />hazardous materials and has no knowledge of any hazardous materials (as defined <br />below) existing on or about the Premises in violation of any applicable law. <br />b. Lessee represents and warrants to Lessor that Lessee will not generate, store or <br />dispose of any hazardous materials on, under, or about the Premises in violation of <br />any hazardous substance laws (as defined below). <br />c. Definition of Hazardous Materials: In this Lease, “hazardous materials” includes, but <br />is not limited to, substances defined as “hazardous substances,” “hazardous <br />materials,” or “toxic substances” in the Comprehensive Environmental Response, <br />Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et <br />seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq.; the <br />Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et. seq.; and those <br />substances defined as hazardous, toxic, hazardous wastes, toxic wastes, or as <br />hazardous or toxic substances by any law or statute now or after this date in effect in <br />the state in which the Premises are located; and in the regulations adopted and <br />publications promulgated pursuant to those laws (all collectively “hazardous <br />substance laws”). <br /> <br />22. INSURANCE REQUIREMENTS <br />Prior to the beginning of and throughout the duration of the Lease, and for any additional period <br />of time as specified below, Lessee shall, at its sole cost and expense, maintain insurance in <br />conformance with the requirements set forth below. Lessee shall submit Certificates of <br />Insurance (attached as Exhibit “E”), utilizing Lessor provided forms, for Lessor’s review and <br />acceptance. <br />Acceptance of the Certificates of Insurance by Lessor shall not relieve Lessee of any of the <br />insurance requirements set forth herein, nor decrease liability of Lessee. Liability coverage <br />provided by Lessee shall be primary and any insurance or self-insurance procured or maintained <br />by Lessor shall not be required to contribute with it. Lessor reserves the right to require Lessee to <br />542