|
<br />transported, incorporated, discharged, emitted, released, deposited or disposed of in, upon, under, over or
<br />from the Site or the Facilities in violation of any Environmental Regulation; (ii) no threat exists of a
<br />discharge, release or emission of a Hazardous Substance upon or from the Site into the environment;
<br />(iii) the Site has not been used as or for a mine, a landfill, a dump or other disposal facility, an industrial
<br />or manufacturing facility, or a gasoline service station; (iv) no underground storage tank is located at the
<br />Site or has previously been located therein but has been removed therefrom; (v) no violation of any
<br />Environmental Regulation now exists relating to the Site or the Facilities, no notice of any such violation
<br />or any alleged violation thereof has been issued or given by any governmental entity or agency, and there
<br />is not now any investigation or report involving the Site or the Facilities by any governmental entity or
<br />agency which in any way relates to Hazardous Substances; (vi) no person, party or private or
<br />governmental agency or entity has given any notice of or asserted any claim, cause of action, penalty, cost
<br />or demand for payment or compensation, whether or not involving any injury or threatened injury to
<br />human health, the environment or natural resources, resulting or allegedly resulting from any activity or
<br />event described in (i) above; (vii) there are not now any actions, suits, proceedings or damage settlements
<br />relating in any way to Hazardous Substances, in, upon, under, over or from the Site; (viii) the Site is not
<br />listed in the United States Environmental Protection Agency’s National Priorities List of Hazardous
<br />Waste Sites or any other list of Hazardous Substance sites maintained by any federal, state or local
<br />governmental agency; and (ix) the Site is not subject to any lien or claim for lien or threat of a lien in
<br />favor of any governmental entity or agency as a result of any release or threatened release of any
<br />Hazardous Substance.
<br />
<br /> The City shall not store, locate, generate, produce, process, treat, transport, incorporate,
<br />discharge, emit, release, deposit or dispose of any Hazardous Substance in, upon, under, over or from the
<br />Site or the Facilities in violation of any Environmental Regulation; shall not permit any Hazardous
<br />Substance to be stored, located, generated, produced, processed, treated, transported, incorporated,
<br />discharged, emitted, released, deposited, disposed of or to escape therein, thereupon, thereunder,
<br />thereover or therefrom in violation of any Environmental Regulation; shall cause all Hazardous
<br />Substances to be properly removed therefrom and properly disposed of in accordance with all applicable
<br />Environmental Regulations; and shall not install or permit to be installed any underground storage tank
<br />therein or thereunder in violation of any Environmental Regulations which are applicable to the Site and
<br />the Facilities.
<br />
<br /> In the event any Hazardous Substance is found upon, under, over or from the Site or the Facilities
<br />in violation of any Environmental Regulation or if any lien or claim for lien in favor of any governmental
<br />entity or agency as a result of any release of any Hazardous Substance is threatened, the City, at its sole
<br />cost and expense, shall, within ten days of such finding, deliver written notice thereof to the Authority and
<br />shall promptly remove such Hazardous Substances upon, under, over or from the Site or the Facilities and
<br />prevent the imposition of any liens against the Site or the Facilities for the cleanup of any Hazardous
<br />Materials. Such removal shall be conducted and completed in compliance with all applicable federal,
<br />state and local laws, regulations, rules, ordinances and policies, in accordance with the orders and
<br />directives of all federal, state and local governmental authorities. In the event the City has not removed
<br />such Hazardous Substances within a time period deemed reasonable by the Authority, the City shall, at
<br />the written direction of the Authority, take such remedial action as the Authority shall direct. In the event
<br />the City shall not comply with the written directions of the Authority within the time frame established
<br />within its written directions, the City hereby grants to the Authority an irrevocable license to remove
<br />Hazardous Substances from, repair, clean up, and detoxify the Site and the Facilities and agrees to
<br />reimburse the Authority for all of its costs therefor.
<br />
<br /> The City further agrees, to the extent permitted by Minnesota law, to reimburse the Authority for
<br />any and all claims, demands, judgments, penalties, liabilities, costs, damages and expenses, including
<br />court costs and attorneys’ fees directly or indirectly incurred by the Authority (prior to trial, at trial and on
<br />460514v1 JAE LN140-112 2
|