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H 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. §9601 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..§1251 et seq.;: the Clean Air
<br />Act, 42 U.S.C. §:7401,0 seq.; the Toxic Substances Control Act, 15 U.S.C. §2661 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 Federa[ 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 anyof 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 "Hazardous Material(s)" 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, red ioactive.0r other properties that may be hazardousto human Health
<br />Or the environment, including without limitation asbestos and asbestos -containing
<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.chemicai.s, and any
<br />other special, toxic, or hazardous (i) su.bstances; (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 />1811 LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY
<br />STATED IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR
<br />IMPLIED WARRANTIES, NOW OR IN THE FUTURE. NO REPRESENTATIONS OR
<br />WARRANTIES HAVE BEEN MADE BY LICENSOR OTHER THAN THOSE CONTAINED
<br />IN THIS LICENSE. LICENSEE HEREBY WAIVES ANY AND, ALL WARRANTIES,.
<br />EXPRESS. OR IMPLIED, WITH RESPECT TO THE. PREMISES OR. WHICH MAY EXIT
<br />BY OPERATION OF LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, ANY
<br />WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS' FOR. A
<br />PARTICULAR PURPOSE.
<br />13 }=orm 424; Rev. 260og16
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