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LA515\1\1061613.v2 2 <br />and performed under this Lease, may peaceably and quietly enjoy the Leased Premises <br />subject to the terms and conditions of this Lease. <br /> <br />6. Access to the Leased Premises. The Tenant agrees to permit the City and any authorized <br />representatives of the City to enter the Leased Premises at all times during normal business <br />hours (upon 24 hours’ notice to the Tenant) for the purpose of inspecting the same and <br />conducting such investigations, tests, measurements, and assessments as may be desired <br />by the City. In the event of an emergency constituting a danger to life, health, safety, or <br />property, the City may enter the Leased Premises at any given time without the consent of <br />or notice to the Tenant. <br /> <br />7. Tenant Obligations. The Tenant shall be responsible for paying or doing the following: <br /> <br />A. The Tenant shall use the Leased Premises for agricultural purposes only, which <br />includes farming and cultivation. There shall be no hunting on the Leased <br />Premises. During farming operations, the Tenant must fertilize and lime the soil <br />on the Leased Premises in order to keep the proper elements in the soil and at a <br />proper pH for crop production. The Tenant shall not use any herbicides that will <br />have any residual carry over effect on the Leased Premises or any other properties <br />or bodies of water that are in the vicinity of the Leased Premises. The Tenant shall <br />not keep any farm animals, livestock, or poultry on the Leased Premises. The <br />Tenant agrees to use normal and customary farming practices in the care and <br />maintenance of the Leased Premises and, without limiting normal practices, keep <br />the Leased Premises free of noxious weeds to the greatest extent possible; <br /> <br />B. The Tenant agrees that throughout the term of this Lease, the Tenant shall not use <br />the Leased Premises for the storage, handling, transportation, or disposal of any <br />Hazardous Substances. “Hazardous Substances” for purposes of this Lease shall <br />be interpreted broadly to include, but not be limited to, any material or substance <br />that is defined, regulated, or classified under any Environmental Law or other <br />applicable federal, state, or local laws and the regulations promulgated thereunder <br />as: (i) a “hazardous substance” pursuant to Section 101 of the Comprehensive <br />Environmental Response, Compensation, and Liability Act, 42 U.S.C. §9601 (14), <br />the Federal Water Pollution Control Act, 33 U.S.C. §1321(14), as now or hereafter <br />amended; (ii) a “hazardous waste” pursuant to Section 1004 or Section 3001 of the <br />Resource Conservation and Recovery Act, 42 U.S.C. §§6903(5) , 6921, as now or <br />hereafter amended; (iii) toxic pollutant under Section 307(a)(1) of the Federal <br />Water Pollution Control Act, 33 U.S.C. §1317(a)(1) as now or hereafter amended; <br />(iv) a “hazardous air pollutant” under Section 112 of the Clean Air Act, 42 U.S.C. <br />§7412(a)(6), as now or hereafter amended; (v) a “hazardous material” under the <br />Hazardous Materials Transportation Uniform Safety Act of 1990, 49 U.S.C. <br />§5102(2), as now or hereafter amended; (vi) toxic or hazardous pursuant to <br />regulations promulgated now or hereafter under the aforementioned laws or any <br />state or local counterpart to any of the aforementioned laws; or (vii) presenting a <br />risk to human health or the environment under other applicable federal, state or <br />local laws, ordinances or regulations, as now or as may be passed or promulgated