|
Except as otherwise permitted or addressed in this License, Licensee shall not use, create, store
<br />or allow any such substances on the Licensed Area in violation of any Environmental Law as that
<br />term is hereinafter defined. In no case shall Licensee cause or allow the deposit or disposal of
<br />any substance on the Licensed Area.
<br />24. ENVIRONMENTAL LAW
<br />“Environmental Law” means any and all federal, state or local laws, rules, regulations, codes,
<br />ordinances, or by-laws, and any judicial or administrative interpretations thereof, including
<br />orders, decrees, judgments, rulings, directives or notices of violation, that create duties,
<br />obligations or liabilities with respect to: (i) human health; or (ii) environmental pollution,
<br />impairment or disruption, including, without limitation, laws governing the existence, use,
<br />storage, treatment, discharge, release, containment, transportation, generation, manufacture,
<br />refinement, handling, production, disposal or management of any Hazardous Material, or
<br />otherwise regulating or providing for the protection of the environment.
<br />25. ENVIRONMENTAL HEALTH
<br />a. Licensee shall, at Licensee’s sole cost, take all measures necessary to ensure that the
<br />Equipment strictly complies with all obligations to which Licensee is bound in
<br />connection with such Equipment, including, without limitation, regulations of the FCC,
<br />the Environmental Protection Agency (“EPA”), and the Occupational Safety and Health
<br />Administration (“OSHA”), applicable to the emission of radiation from active
<br />transmission equipment or similar facilities. Licensee shall, at Licensee’s sole cost, be
<br />responsible for all postings, signage and warnings to which Licensee is bound in the
<br />connection with the Equipment, including, without limitation, regulations of the FCC,
<br />EPA and OSHA, applicable to the emission of radiation from active transmission
<br />equipment or similar facilities. Licensee shall obtain approval from County prior to
<br />posting such signage and warnings on the Property.
<br />b. As of the Effective Date of the License: (1) Licensee hereby represents and warrants
<br />that it shall not use, generate, handle, store or dispose of any Hazardous Material in, on,
<br />under, upon or affecting the Site in violation of any Environmental Law (as defined
<br />above), and (2) County hereby represents and warrants, with no duty or obligation to
<br />investigate that (i) it has no knowledge of the presence of any Hazardous Material
<br />located in, on under, upon or affecting the Site in violation of any Environmental Law;
<br />871
|