|
<br />5
<br />
<br />applicable federal, state and local laws, ordinances, governmental rules and regulations
<br />relative to the operations under this Agreement, including those relating to the preservation
<br />of the public health and safety, employment laws, environmental laws, zoning, ordinances,
<br />rules and regulations, and those within the Occupational Safety and Hazard Act (OSHA).
<br />Licensee shall be liable for any fines or assessments levied thereunder against Licensee
<br />resulting from its acts or omissions hereunder.
<br />
<br />11. No Environmental Warranties. NSP makes no specific or implied disclosure or warranty
<br />as to the presence or location of Hazardous Materials on the Property. Licensee is aware
<br />that it is possible that Hazardous Materials could exist anywhere on or near the Property,
<br />accepts the Property “AS IS”, and enters the Property at its own risk.
<br />
<br />12. Safety. Licensee shall identify all hazardous and potentially hazardous areas on or about
<br />the Licensed Property and shall inform its employees, independent contractors,
<br />subcontractors, suppliers, invitees and representatives and members of the public so as to
<br />safeguard against any and all hazards or other safety risks.
<br />
<br />13. No Introduction of Hazardous Materials. Except with the express written permission of
<br />NSP, Licensee shall not bring onto the Property, or permit to be brought onto the Property,
<br />any Hazardous Materials, or other regulated waste or material (including but not limited to
<br />petroleum, asbestos, PCBs, coal, coal ash or coal combustion residuals), which has the
<br />potential to spill or be released onto the Property or adjacent areas. In the event Licensee
<br />brings Hazardous Materials onto the Property (with or without permission of NSP),
<br />Licensee shall comply with all applicable laws, ordinances, and regulations of federal,
<br />state, and local governmental agencies related to such Hazardous Materials. Licensee shall
<br />remove such Hazardous Materials from the Property immediately upon request of NSP.
<br />Licensee shall bear all costs related to environmental investigation, cleanup, removal, or
<br />restoration (including but not limited to any cleanup or restoration of any impacted wildlife,
<br />water, air, groundwater, natural resources, soil, or land, including, but not limited to, the
<br />Property,) incurred as a result of the presence of such Hazardous Materials on the Property,
<br />or arising out of the acts or omissions of Licensee, its agents, sublessees, invitees, or
<br />employees.
<br />
<br />14. Managing Hazardous Materials. Licensee shall be responsible for properly managing,
<br />transporting, treating, storing and/or disposing of any Hazardous Materials Licensee
<br />generates at the Property in connection with the Licensed Facility and/or its activities,
<br />including the disturbance or exacerbation of any pre-existing Hazardous Materials
<br />encountered by Licensee on the Property.
<br />
<br />15. Notification of Hazardous Materials. Licensee shall notify NSP of any Hazardous
<br />Materials that Licensee encounters on the Property immediately upon encountering the
<br />Hazardous Materials.
<br />
<br />16. Licensee to Operate in Accordance with Environmental Laws. Licensee shall construct
<br />and operate the Licensed Facility and conduct all activities in accordance with applicable
<br />Environmental Laws, including obtaining all required permits for its activities at the
|