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Bandwidth Lease Agreement 20231024
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Bandwidth Lease Agreement 20231024
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Last modified
12/27/2023 4:06:02 PM
Creation date
12/27/2023 4:05:36 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
10/24/2023
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PERM
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5D Consent
(Amended by)
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\City Clerk\City Council\Agenda Packets\2023\Packet 20231120
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Form51.16 (Rev. 10/14) <br />Page 33 of 35 <br />(b)Environmental Matters <br />(1)Lessee’s Obligations: <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 />(ii)Lessee shall practice conservation of water, energy, and other natural resources. <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 />(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 />(3)Environmental Indemnity. <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 />DocuSign Envelope ID: 8D8CF2E2-DF6D-4A11-B610-2B1544DD7C30
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