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material now or in the future deemed to be hazardous, dangerous, toxic, or a pollutant or <br />184 <br />contaminant under any Environmental Laws. <br />185 <br />186 <br />Release <br />4.2.3 “” means the definition set forth in Minn. Stat. Section 115B.02, <br />187 <br />Subd 15 of a Hazardous Substance into or out of the University Property. <br />188 <br />189 <br />4.3 Licensee, at its sole cost and expense, shall: <br />190 <br />191 <br />a. Notify University prior to any activity on the University Property by Licensee or <br />192 <br />its contractors pursuant to this Agreement, which involves the Release, use, storage, <br />193 <br />generation, treatment, transportation, disposal, or handling of any Hazardous Substance; <br />194 <br />195 <br />b. Comply with all Environmental Laws governing the Release, use, storage, <br />196 <br />generation, treatment, transportation, disposal, or handling of Hazardous Substances by <br />197 <br />Licensee or its contractors (including, without limitation, the abandonment or disposal of <br />198 <br />any barrels, containers, or other closed receptacles containing any Hazardous Substance); <br />199 <br />200 <br />c. Immediately stop construction or any other activity if Licensee or its contractor <br />201 <br />encounters a Hazardous Substance; <br />202 <br />203 <br />d. Give immediate notice to University’s Department of Environmental Health and <br />204 <br />Safety at 612-626-6002 or, after normal business hours, the Police Department dispatcher <br />205 <br />at 612-624-2677 (i) if Licensee encounters a Hazardous Substance; (ii) if a Hazardous <br />206 <br />Substance is Released by Licensee or its contractor on or from the University Property; <br />207 <br />(iii) of a violation of any Environmental Laws by Licensee or its contractors; (iv) of an <br />208 <br />inspection or inquiry by any governmental agency with respect to Licensee’s or its <br />209 <br />contractor’s use of the University Property; or (v) if Licensee receives any notice from <br />210 <br />any governmental agency alleging that any Environmental Laws have been violated by <br />211 <br />Licensee with respect to Licensee’s or its contractor’s use of the University Property; <br />212 <br />213 <br />e. Promptly investigate and remediate any Release of Hazardous Substances that is <br />214 <br />uncovered or moved as a result of Licensee’s or its contractor’s or consultant’s use of the <br />215 <br />University Property and promptly perform any investigative, remedial or other activities <br />216 <br />necessary to avoid or minimize injury or liability to any person, or to prevent the Release <br />217 <br />or spread of contamination as a result of Licensee’s or its contractor’s activities pursuant <br />218 <br />to this Agreement; and <br />219 <br />220 <br />f. Promptly respond to and comply with any notice, order, request, or demand <br />221 <br />relating to potential or actual contamination on the University Property resulting from <br />222 <br />Licensee’s or its contractor’s activities pursuant to this Agreement. <br />223 <br />224 <br />4.4 If University has reason to believe that a Hazardous Substance has been released <br />225 <br />on or from the University Property by Licensee or its contractors or consultants, then University <br />226 <br />has the right, but not the obligation, to require Licensee, at Licensee’s sole cost and expense, to <br />227 <br />perform an environmental audit of the results of the alleged release by an environmental <br />228 <br />consultant satisfactory to University. Unless not reasonably practical, such an investigation shall <br />229 <br />5 <br /> <br />