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5G Consent
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3/21/2024 5:55:01 PM
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9/19/2023 5:43:02 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
9/18/2023
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Form51.16 (Rev. 10/14) <br />Page 32 of 37 <br /> <br />(i) Lessee will not use, occupy, or permit any portion of the Lease Premises to be <br />used or occupied in violation of any Environmental Law. Lessee shall not <br />manufacture or generate or store Hazardous Material on the Lease Premises unless <br />specifically authorized under other terms of this Lease. <br /> <br />(ii) Lessee shall practice conservation of water, energy, and other natural resources. <br /> <br />(iii) Lessee shall notify Lessor and the appropriate governmental emergency <br />response agency, or agencies immediately in the event of any release or <br />threatened release of any Hazardous Material. <br /> <br />(2) Lessor may at any time during the Lease term require Lessee to conduct at its own <br />expense and by a contractor approved by Lessor an independent environmental site <br />assessment or inspection for the presence or suspected presence of Hazardous <br />Material generated, used, placed, disposed, stored, or transported on the Lease <br />Premises during the term of the Lease. Lessee shall provide the results of the <br />assessment or inspection to Lessor and the appropriate governmental response <br />agency or agencies and shall further be responsible for removing or taking other <br />appropriate remedial action regarding such Hazardous Material in accordance with <br />applicable Environmental Law. <br /> <br />(3) Environmental Indemnity. <br /> <br />Lessee shall indemnify, defend, and hold Lessor and Lessor’s officers, appointees, <br />volunteers, employees, agents, successors and assigns free and harmless from and <br />against all Damages that may at any time be imposed upon, incurred by, or asserted <br />or awarded against Lessor in connection with or arising from any Breach of Lessee’s <br />obligations hereunder; or out of any violation by Lessee of any Environmental Law; or <br />resulting in the imposition of any lien or claim for the recovery of any costs for <br />environmental cleanup or other response costs relating to the release or threatened <br />release of Hazardous Materials on the Lease Premises during the Lessee’s tenancy. This <br />obligation shall include any prior leases between Lessor and Lessee and will continue <br />through any periods Lessee is in holdover, unlawful detainer, or any subsequent month- <br />to-month tenancies created by operation of law. Lessee’s obligations hereunder will <br />survive the expiration or sooner termination of this Lease. <br /> <br />(4) Violation of this section shall constitute grounds for termination of the Lease. Lessor, <br />shall notify Lessee when, in Lessor’s opinion, Lessee has violated the provisions of this <br />section. Lessee shall immediately discontinue the conduct and respond within five (5) <br />business days. Lessee shall take all measures necessary to remedy the condition.
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