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<br />620\3185927.4 5
<br />Laws. As used in this Agreement, the term “Environmental Laws” means any and all federal,
<br />state and local statutes, ordinances, orders, rules, regulations, guidance documents, judgments,
<br />governmental authorizations or directives, or any other requirements of governmental authorities,
<br />as may presently exist, or as may be amended or supplemented, or hereafter enacted, relating to
<br />the presence, release, generation, use, handling, treatment, storage, transportation or disposal of
<br />Hazardous Materials, or the protection of the environment or human, plant or animal health,
<br />including, without limitation, the Comprehensive Environmental Response, Compensation and
<br />Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986
<br />(42 U.S.C. § 9601), the Hazardous Materials Transportation Act (49 U.S.C. § 1801 et seq.), the
<br />Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.), the Federal Water Pollution
<br />Control Act (33 U.S.C. § 1251 et seq.), the Clean Air Act (42 U.S.C. § 7401 et seq.), the Toxic
<br />Substances Control Act (15 U.S.C. § 2601 et seq.), the Oil Pollution Act (33 U.S.C. § 2701 et
<br />seq.), the Emergency Planning and Community Right-to-Know Act (42 U.S.C. § 11001 et seq.),
<br />the Porter-Cologne Water Quality Control Act (Cal. Water Code § 13000 et seq.), the Toxic Mold
<br />Protection Act (Cal. Health & Safety Code § 26100, et seq.), the Safe Drinking Water and Toxic
<br />Enforcement Act of 1986 (Cal. Health & Safety Code § 25249.5 et seq.), the Hazardous Waste
<br />Control Act (Cal. Health & Safety Code § 25100 et seq.), the Hazardous Materials Release
<br />Response Plans & Inventory Act (Cal. Health & Safety Code § 25500 et seq.), and the Carpenter-
<br />Presley-Tanner Hazardous Substances Account Act (Cal. Health and Safety Code, Section 25300
<br />et seq.).
<br />f. Company shall be responsible, at its sole cost, for the construction,
<br />installation, and maintenance of the Equipment to be placed on each Roof Space. No property
<br />other than the Equipment, and replacements thereof, shall be installed on the Roof Space.
<br />Company will install and operate the Equipment in compliance with City’s technical standards,
<br />rules and regulations and any other federal, state, or municipal agency having jurisdiction with
<br />respect to the Permit Property.
<br />g. Company, at its expense, shall obtain all necessary governmental permits
<br />and certificates required for the construction, installation, authorization and use of the Equipment
<br />at each Permit Property. City shall permit Company to arrange for the installation of telephonic
<br />and electrical connections, to be done at Company’s expense (the “Connecting Equipment”). All
<br />such Connecting Equipment shall be installed in accordance with the engineering and design of
<br />the base building systems located at the applicable Permit Property. All construction, installations,
<br />alterations, repair and maintenance work shall be performed in a manner which will not
<br />unreasonably interfere with, delay or impose any additional expense upon City in the maintenance
<br />or operation of the Permit Property.
<br />h. Company shall maintain the Equipment in good repair and shall keep the
<br />Roof Space free from all trash, debris and waste resulting from use of the Roof Space by its
<br />employees, contractors or agents.
<br />i. Company shall give City prior verbal or email notice of the need for access
<br />the Permit Property subject to such rules as City may adopt, including, but not limited to, the
<br />requirement that an agent of City accompany persons during such access; provided however, in
<br />the event of an emergency or equipment failure, no prior notice shall be required except that
<br />Company shall provide such notice as soon as reasonably practical. .
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