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Tracking No. 23W-19543
<br /> 16.10 Licensor shall have the option to obtain split samples of any media sampled and otherwise have reasonable
<br /> access to the groundwater monitoring well(s) subject to this License for the purpose of obtaining samples
<br /> or other information from the monitoring well(s). Licensee shall also advise Licensor of any applicable
<br /> health and safety plans or other similar programs in effect with respect to the Environmental Work on the
<br /> Premises or Licensee's entry, occupation, or use of the Premises.
<br /> 16.11 To the extent the Environmental Work includes performance of any remedial activities, such remedial
<br /> activities shall be completed to the satisfaction of the state or federal authority having jurisdiction over such
<br /> remedial activity. Licensee shall obtain a No Further Action Letter, Release, or other such equivalent
<br /> closure document from the state or federal agency having jurisdiction over the remediation of the Premises.
<br /> Such No Further Action Letter, Release, or other such equivalent closure document shall not be contingent
<br /> upon or specify the performance of any further work or conditions with respect to the Premises.
<br /> 16.12 Licensee agrees to waive any and all statutes of limitations applicable to any controversy or dispute arising
<br /> out of Sections 4 and 16.11, and Licensee further agrees that it will not raise or plead a statute of limitations
<br /> defense against Licensor in any action arising out of Licensee's failure to comply with Sections 4 or 16.11.
<br /> 16.13 Until the Restoration Obligations (defined below)have been completed by Licensor pursuant to Section 21,
<br /> Licensor may, at Licensor's option, require Licensee to conduct an environmental audit, including but not
<br /> limited to sampling, of the Premises through an environmental consulting engineer acceptable to Licensor,
<br /> at Licensee's sole cost and expense, to determine if any noncompliance or environmental damage to the
<br /> Premises has occurred during occupancy and use thereof by Licensee. The audit shall be conducted to
<br /> Licensor's satisfaction and a copy of the audit report shall promptly be provided to Licensor for its review.
<br /> Licensee shall pay all expenses for any remedial or corrective action that may be required as a result of
<br /> said audit to correct any noncompliance or environmental damage, and Licensee shall diligently pursue all
<br /> necessary work to completion.
<br /> 16.14 Notwithstanding anything in this Section 16, the parties agree that Licensor has no duty or obligation to
<br /> monitor Licensee's use of the Premises to determine Licensee's compliance with Environmental Laws, it
<br /> being solely Licensee's responsibility to ensure that Licensee's use of the Premises is compliant. Neither
<br /> the exercise nor the failure by Licensor to exercise any rights granted in this Section will alter the liability
<br /> allocation provided by this License.
<br /> 16.15 "Environmental Law(s)" shall mean any federal, state, local, or tribal law, statute, ordinance, code, rule,
<br /> regulation, policy, common law, license, authorization, decision, order, or injunction which pertains to
<br /> health, safety, any Hazardous Material, or the environment (including but not limited to ground, air, water,
<br /> or noise pollution or contamination, and underground or above-ground tanks) and shall include, without
<br /> limitation, CERCLA 42 U.S.C. §9601 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C.
<br /> §6901 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §5101 et seq.; the Federal Water
<br /> Pollution 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 Safe Drinking Water Act, 42 U.S.C. §300f et seq.;
<br /> the Emergency Planning and Community Right-to-Know Act, 42 U.S.C. 11001 et seq.; the Federal
<br /> Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136 to 136y; the Oil Pollution Act, 33 U.S.C. 2701 et
<br /> seq.; and the Occupational Safety and Health Act, 29 U.S.C. 651 et seq.; all as have been amended from
<br /> time to time, and any other federal, state, local, or tribal environmental requirements,together with all rules,
<br /> regulations, orders, and decrees now or hereafter promulgated under any of the foregoing, as any of the
<br /> foregoing now exist or may be changed or amended or come into effect in the future.
<br /> 16.16 "Hazardous Material(s)" shall include but shall not be limited to any substance, material, or waste that is
<br /> regulated by any Environmental Law or otherwise regulated by any federal, state, local, or tribal
<br /> governmental authority because of toxic, flammable, explosive, corrosive, reactive, radioactive or other
<br /> properties that may be hazardous to human health or the environment, including without limitation asbestos
<br /> and asbestos-containing materials, radon, petroleum and petroleum products, urea formaldehyde foam
<br /> insulation, methane, lead-based paint, polychlorinated biphenyl compounds, hydrocarbons or like
<br /> substances and their additives or constituents, pesticides, agricultural chemicals, and any other special,
<br /> toxic, or hazardous(i)substances, (ii) materials, or(iii)wastes of any kind, including without limitation those
<br /> now or hereafter defined, determined, or identified as "hazardous chemicals", "hazardous substances,"
<br /> "hazardous materials," "toxic substances," or"hazardous wastes" in any Environmental Law.
<br /> Form 427; Rev. 20140815
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