Approving an Interlocal Agreement btw. City of South Bend & St. Joseph County Airport Authority

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C. The City shall not cause, suffer or allow a release (as defined at 42 U.S.C. §9601(22) of a Hazardous Substance to occur at the Leased Land. d. The City shall not cause, suffer or allow a hazardous Substance to enter upon or be present at the Leased Land unless such a presence is incident to the transportation of such substance in intrastate or interstate commerce and such transportation and all acts incident thereto (e.g. packaging, labeling, placarding) are in compliance with all applicable transportation laws. The prohibition in this paragraph shall not apply to hazardous Substances or products containing hazardous Substances, which are used in the normal course of business as office or janitorial supplies. e. The City shall operate the Leased Land in full compliance with all federal, state and local applicable environmental statutes, rules, regulations and ordinances and with all applicable transportation laws. The City shall not, without prior written consent of the Airport Authority, install any underground storage tank at, introduce fill material to, or make any improvements to the Leased Land. f. In the event of a release of Hazardous Substance at the Leased land, the City shall promptly institute and diligently complete all necessary and appropriate actions whether on or off the Leased Land, to abate and fully remediate such release. The City shall be solely responsible for any notification requirements under federal, state or local law. The City's remedial actions shall be those necessary to return the Leased land to its condition, as nearly as possible, which existed prior to the release. Should the City fail to perform its responsibilities under this paragraph the Airport Authority may do so in the City's stead, the costs of which shall be paid by the City. g. The City agrees to indemnify, defend and hold harmless the Airport Authority, its directors, officers, employees, agents and each of their successors and assigns from and against all claims, actions, penalties, costs, liabilities, losses and expenses (including reasonable attorney's and expert witness fees) arising at any time during or after the Term resulting from the release of a Hazardous Substance at the Leased land caused by the City during the Term, or the City's handling of any Hazardous Substance incidental to its transportation in commerce. 17. The City shall, at its sole expense, observe and comply with the statutes, rules and regulations of all governmental authorities applicable to the conduct of the City's business and in addition, those rules, ordinances, and regulations of the Airport Authority not inconsistent with the provisions of this Agreement. Any penalties and costs levied as a result of the City's breach of any of the above shall be borne by the City. 18. During the time of war or national emergency, the Airport Authority shall have the right to lease the landing area, Terminal Building and /or other Airport premises or any part thereof to the United States government for military use. If any such Lease is executed, any provisions of this Agreement may be suspended, provided that the term of this Agreement shall be extended by the amount of period of suspension. 7