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1.7.6 During the term of this License, Licensor may, at Licensor's option, require Licensee to
<br />conduct an environmental audit,. including but not limited to sampling, of the. Premises
<br />through an environmental consulting engineer acceptable to Licensor, at. Licensee's sole
<br />cost and expense, to determine if any noncompliance or environmental. damage to the
<br />Premises has occurred arising from .or relatedto use. or. occupancy thereof by Licensee.
<br />The audit shall.be conducted to Licensor's satisfaction and a copy of the.audit report shall
<br />promptly be provided to Licensor for its review. Licensee. shall pay all expenses for any
<br />remedial or correctiveaction that may required as a result of said audit to correct any
<br />noncompliance or environmental damage, and Licensee, shall diligently pursue. and
<br />complete all necessary work prior to termination. of this License. Licensee's obligations.
<br />under this Section 17.6'shall survive termination of :this License..
<br />17.7 Notwithstanding anything in this Section 17, the parties agree that Licensor has no. duty
<br />or obligation to. monitor. Licensee's use. of the Premises to determine Licensee's
<br />compliance with Environmental Laws, it being solely Licensee's responsibility to ensure
<br />that Licensee's use of the Premises is compliant. Neither the exercise nor the .failure by
<br />Licensor to exercise any rights granted in this Section will alter the liability allocation
<br />provided by this License.
<br />17:..8 "Environmental Law(s)" shall mean any federal, state, local,. or tribal law,. statute,
<br />ordinance, code, rule, regulation, .policy, .common law, license., authorization, decision,
<br />order, or injunction which pertains to health, safety, any Hazardous Material, or the
<br />environment (including but :not limited to ground; air, water, or noise pollution or
<br />contamination, and underground or above -ground tanks) and shall include, without
<br />limitation, CERCLA 42 U.S.C: §960.1 et seq.; the Resource Conservation and Recovery
<br />Act, 42 U:S:C. §6901 et seq,; the Hazardous Materials Transportation Act, 49 U.S.C. §5101
<br />et. seq.; the Federal Water Pollution:Control Act, 33 U.S.C..g125.1 et seq.; the Clean Air
<br />Act, 42 U.S.C. §7401 et.seq,; the Toxic Substances Control Act, 15 U.S.C. §2601 et seq.;
<br />the Safe Drinking. Water Act, 42 U.S.C. §300f et seq.; the Emergency Planning and
<br />Community Right -to -Know Act, 42 U.S.C..11001. et seq.; the Federal Insecticide, Fungicide
<br />and Rodenticide.Act, 7 U.S.C, 136 to 136y; the Oil Pollution Act, 33.U.S.C: 2701 et seq.;
<br />and the Occupational Safety and Health Act, 29 U.S.C. 651 et seq:; all as have been.
<br />Amended from time to time, and -any other federal, state, local;. or tribal environmental
<br />requirements, together. with all rules, regulations, orders,. and. decrees now .or hereafter
<br />promulgated under any of. the. foregoing,. as any of .the foregoing now exist .or may be
<br />changed or amended or come into effect in the future.
<br />17.9 "Hazardo.vs Material(# shall 'include but shall not be.limited to any substance, material,
<br />or waste that is regulated by Any Environmental Law or otherwise regulated.by any. federal,
<br />.state, local, or tribal governmental authority because of toxic, flammable, explosive,
<br />corrosive, reactive, radioactive or other properties that may hazardous tohuman health
<br />or the. environment, including without limitation asbestos and asbestos=dontaining
<br />materials, radon, petroleum and petroleum products, urea. formaldehyde foam insulation,
<br />.methane,. lead -based paint, polychlorinated biphenyl. compounds, hydrocarbons or like
<br />substances and their additives or constituents, pesticides, agricultural chemicals, and any
<br />other special, toxic, or hazardous (i) substances, (ii) materials, or (iii) wastes of any kind,
<br />including without limitation those now. or hereafter defined, determined, or identified as
<br />"hazardous chemicals":, "hazardous substances," "hazardous materials," "toxic
<br />substances," .or"hazardous wastes" in. any Environmental Law.
<br />DISCLAIMER OF WARRANTIES
<br />18. No Warranties.
<br />18.1 LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY
<br />STATED IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR
<br />9 Form.424;. Rev. 20190916
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