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18-35 Resolution Approving Continuance of Human Commission Rights Lease
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18-35 Resolution Approving Continuance of Human Commission Rights Lease
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7/23/2018 2:12:44 PM
Creation date
7/18/2018 11:56:09 AM
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City Council - City Clerk
City Council - Document Type
Resolutions
City Counci - Date
7/23/2018
Bill Number
18-35
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consultants' fees and expert fees) which arise during or after the lease term as a result of such <br /> contamination. This indemnification of Landlord by Tenant includes,without limitation, costs <br /> incurred in connection with any investigation of site conditions or any clean up, remedial, <br /> removal or restoration work required by any federal, state or local governmental agency or <br /> political subdivision because of Hazardous Material present in the soil or ground water on or <br /> under the Real Estate. Without limiting the foregoing, if the presence of any Hazardous <br /> Material on the Premises or Real Estate caused or permitted by Tenant results in any <br /> contamination of the Premises or Real Estate, Tenant shall promptly take all actions, at its <br /> sole expense, as are necessary to return the Premises to the condition existing prior to the <br /> introduction of any such Hazardous Material to the Premises or Real Estate; provided that <br /> Landlord's written approval of such actions shall be first be obtained, which approval shall <br /> not be unreasonably withheld so long as such actions would not potentially have any material <br /> adverse long term or short term effect on the Premises or Real Estate. The foregoing <br /> indemnity shall survive the expiration or earlier termination of the Lease. As used herein, the <br /> term "Hazardous Material" means any hazardous or toxic substance, material or waste, <br /> including,but not limited to,those substances,materials and wastes defined or specified in 42 <br /> U.S.0 Sec. 9601 et seq. and any similar state statute or local ordinance applicable to the Real <br /> Estate as well as any rules and regulations promulgated, administered or enforced by any <br /> governmental agency or authority pursuant thereto including any subsequent amendments <br /> thereof. <br /> 27. EXCULPATION. Tenant's source of satisfaction of Landlord's obligation hereunder <br /> shall be limited to the Property and Tenant shall not seek to procure payment out of any <br /> other assets of Landlord or any person or entity comprising Landlord, or to seek any <br />
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