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petroleum products or by-products, petroleum components, oil, mineral spirits, natural gas, natural <br />gas liquids, liquefied natural gas, or synthetic gas usable as fuel, perchlorate, and methy tert butyl <br />ether, whether or not defined as a hazardous waste or hazardous substance in the Environmental <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 s�Mc.), the <br />Resource Conservation and Recovery Act (42 U.S.C. § 6901 et M.), the Federal Water Pollution <br />Control Act (33 U.S.C. § 1251 et seq.), the Clean Air Act (42 U.S.C. § 7401 et SeMc .), the Toxic <br />Substances Control Act (15 U.S.C. § 2601 et sM.), the Oil Pollution Act (33 U.S.C. § 2701 et <br />SeMc .), the Emergency Planning and Community Right -to -Know Act (42 U.S.C. § 11001 et se .), <br />the Porter -Cologne Water Quality Control Act (Cal. Water Code § 13000 et sec .), 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 sed.), the Hazardous Waste <br />Control Act (Cal. Health &Safety Code § 25100 et se .), 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 />620\3185927.7 5 <br />