Common use of Environmental Hazards Clause in Contracts

Environmental Hazards. Licensee represents and warrants that its use of District Poles will not generate any Hazardous Substances, that it will not store or dispose on or about District Poles or transport to District Poles any hazardous substances and that Licensee’s Communications Facilities will not constitute or contain and will not generate any hazardous substance in violation of federal, state or local law now or hereafter in effect including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Communications Facilities would not release any Hazardous Substances. Licensee and its agents, contractors and subcontractors shall defend, indemnify and hold harmless the District and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any Hazardous Substances on, under or adjacent to the District’s Poles attributable to Licensee’s use of the District’s Poles. Should the District’s Poles be declared to contain Hazardous Substances, the District, shall be responsible for the disposal of its Pole. Provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the District agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the District.

Environmental Hazards. Licensee represents and warrants that its use of District Poles City Facilities will not generate any Hazardous Substances, that it will not store or dispose on or about District Poles City Facilities or transport to District Poles City Facilities any hazardous substances and that Licensee’s Communications Facilities Attachment(s) will not constitute or contain and will not generate any hazardous substance in violation of federal, state or local law now or hereafter in effect including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Communications Facilities Attachment(s) would not release any Hazardous Substances. Licensee and its agents, contractors and subcontractors shall defend, indemnify and hold harmless the District City and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any Hazardous Substances on, under or adjacent to the District’s Poles City Facilities attributable to Licensee’s use of the District’s Poles. Should the District’s Poles be declared to contain Hazardous Substances, the District, shall be responsible for the disposal of its Pole. Provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the District agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the DistrictCity Facilities.

Environmental Hazards. Licensee represents and warrants that its use of District Utility Poles will not generate any Hazardous Substances, that it will not store or dispose on or about District Utility Poles or transport to District Utility Poles any hazardous substances and that Licensee’s Communications Facilities will not constitute or contain and will not generate any hazardous substance in violation of federal, state or local law now or hereafter in effect including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Communications Facilities would not release any Hazardous Substances. Licensee and its agents, contractors and subcontractors shall defend, indemnify and hold harmless the District Utility and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any Hazardous Substances on, under or adjacent to the DistrictUtility’s Poles attributable to Licensee’s use of the DistrictUtility’s Poles. Should the DistrictUtility’s Poles be declared to contain Hazardous Substances, the DistrictUtility, shall be responsible for the disposal of its Pole. Provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the District Utility agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the DistrictUtility.

Environmental Hazards. Licensee Attaching Utility represents and warrants that its use of District Owner Utility's Poles will not generate any Hazardous Substanceshazardous substances, that it will not store or dispose on or about District Owner Utility's Poles or transport to District Owner Utility's Poles any hazardous substances and that Licensee’s Communications Attaching Utility's Facilities will not constitute or contain and will not generate any hazardous substance in violation of federal, state or local any law now or hereafter in effect including any amendments. “"Hazardous Substance” substance" shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms term by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee Attaching Utility further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Communications Facilities would not release any Hazardous Substancessuch hazardous wastes or substances. Licensee Attaching Utility, and its agents, contractors and subcontractors subcontractors, shall defend, indemnify and hold harmless the District Owner Utility and its Electric Utility and their respective officials, officers, board members, council members, commissioners, representatives, employees, agents agents, and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s attorney fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any Hazardous Substances such hazardous wastes or hazardous substances on, under or adjacent to the District’s Owner Utility's Poles attributable to Licensee’s Attaching Utility's use of the District’s Owner Utility's Poles. Should the District’s Poles be declared to contain Hazardous Substances, the District, shall be responsible for the disposal of its Pole. Provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the District agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the District.

Environmental Hazards. Licensee represents and warrants that its use of District Poles and/or Conduit System will not generate any Hazardous SubstancesSubstances (as defined below), that it will not store or dispose on or about District Poles Poles/Conduit System or transport to District Poles Poles/Conduit System any hazardous substances Hazardous Substances and that Licensee’s Communications Facilities Attachments will not constitute or contain and will not generate any hazardous substance Hazardous Substance in violation of federal, state or local law now or hereafter in effect including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Communications Facilities Attachments would not release any Hazardous Substances. Licensee and its agents, contractors and subcontractors shall defend, indemnify and hold harmless the District and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents and contractors District’s Indemnified Parties against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any Hazardous Substances on, under or adjacent to the District’s Poles District Poles/Conduit system attributable to Licensee’s use of the District’s PolesDistrict Poles or Conduit System. Should the District’s District Poles be declared to contain Hazardous Substances, the District, District shall be responsible for the disposal of its Pole. ProvidedPoles and the remediation of any associated release of Hazardous Substances; provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular Licensee and/or other parties, such costs shall be borne solely by those Licensee and/or such other parties. Notwithstanding the above, the District agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the District.

Environmental Hazards. Licensee represents and warrants that its use of District City’s Poles will not generate any Hazardous Substances, that it will not store or dispose on or about District Poles City’s Poles/Conduit System or transport to District Poles City’s Poles/Conduit System any hazardous substances and that Licensee’s Communications Facilities will not constitute or contain and will not generate any hazardous substance in violation of federal, state or local law now or hereafter in effect including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Communications Facilities would not release any Hazardous Substances. Licensee and its agents, contractors and subcontractors shall defend, indemnify and hold harmless the District City and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any Hazardous Substances on, under or adjacent to the DistrictCity’s Poles Poles/Conduit System attributable to Licensee’s use of the DistrictCity’s PolesPoles or Conduit System. Should the DistrictCity’s Poles be declared to contain Hazardous Substances, City, Licensee and all Attaching Entities shall share proportionately in the Districtcost of disposal of the affected Poles based on each entity’s individual percentage use of same. For Attaching Entities, such percentage shall be responsible for derived from the disposal sum of Assigned Space occupied by each Attaching Entity plus its Poleshare of the Common Space. For City, such percentage shall be equal to the space above the NESC 40-inch safety space plus its share of the Common Space. Provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the District agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the District.

Environmental Hazards. Licensee represents and warrants that its use of District Utility’s Poles will not generate any Hazardous Substances, that it will not store or dispose on or about District Poles Utility’s Poles, or transport to District Utility’s Poles any hazardous substances Hazardous Substances and that Licensee’s Communications Facilities will not constitute or contain and will not generate any hazardous substance Hazardous Substance in violation of federal, state or local law now or hereafter in effect including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Communications Facilities would not release any Hazardous Substances. Licensee and its agents, contractors and subcontractors shall defend, indemnify and hold harmless the District Utility and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents and contractors from and against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any Hazardous Substances on, under or adjacent to the DistrictUtility’s Poles attributable to Licensee’s use of Utility’s Poles , and/or the Districtviolation of Licensee’s Poles. representations provided herein Should the DistrictUtility’s Poles be declared to contain Hazardous Substances, Utility, Licensee and all Attaching Entities shall share proportionately in the Districtcost of disposal of the affected Poles based on each entity’s individual percentage use of the same. For Attaching Entities, such percentage shall be responsible for derived from the disposal sum of the space occupied by each Attaching Entity plus its Poleshare of the Common Space. ProvidedFor Utility, however, if such percentage shall be equal to the space above the NESC 40-inch safety space plus its share of the Common Space. If the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the District agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the District.

Environmental Hazards. Licensee represents and warrants that its use of District the Poles will not generate any Hazardous Substances, that it will not store or dispose on or about District the Poles or transport to District the Poles any hazardous substances substances, and that Licensee’s Communications Facilities will not constitute or contain and will not generate any hazardous substance in violation of federal, state state, or local law law, now or hereafter in effect including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations regulations, or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration incineration, or other disaster, its Communications Facilities would not release any Hazardous Substances. Licensee and its agents, contractors contractors, and subcontractors shall defend, indemnify indemnify, and hold harmless the District Utility and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents agents, and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage storage, or discovery of any Hazardous Substances on, under under, or adjacent to the District’s Poles attributable to Licensee’s use of the District’s Poles. Should the District’s Poles be declared to contain Hazardous Substances, Utility, Licensee, and all Attaching Entities shall share proportionately in the Districtcost of disposal of the affected Poles based on each entity’s individual percentage use of same. For Attaching Entities, such percentage shall be responsible for derived from the disposal sum of Assigned Space occupied by each Attaching Entity plus its Poleshare of the Common Space. ProvidedFor Utility, such percentage shall be equal to the space above the NESC forty (40) inch safety space plus its share of the Common Space; provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the District agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the District.

Environmental Hazards. Licensee represents and warrants that its use of District Poles will not generate any Hazardous Substances, that it will not store or dispose on or about District Poles or transport to District Poles any hazardous substances and that Licensee’s Communications Facilities will not constitute or contain and will not generate any hazardous substance in violation of federal, state or local law now or hereafter in effect including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Communications Facilities would not release any Hazardous Substances. Licensee and its agents, contractors and subcontractors shall defend, indemnify and hold harmless the District and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any Hazardous Substances on, under or adjacent to the District’s Poles attributable to Licensee’s use of the District’s Poles. Contract Documents 160-10748 Should the District’s Poles be declared to contain Hazardous Substances, the District, shall be responsible for the disposal of its Polepole. Provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the District agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the District.

Environmental Hazards. Licensee represents and warrants that its use of District Poles will not generate any Hazardous Substances, that it will not store or dispose on or about District Poles or transport to District Poles any hazardous substances and that Licensee’s Communications Facilities will not constitute or contain and will not generate any hazardous substance in violation of federal, state or local law now or hereafter in effect including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Communications Facilities would not release any Hazardous Substances. Licensee and its agents, contractors and subcontractors shall defend, indemnify and hold harmless the District and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any Hazardous Substances on, under or adjacent to the District’s Poles attributable to Licensee’s use of the District’s Poles. Should the District’s Poles be declared to contain Hazardous Substances, the District, shall be responsible for the disposal of its Polepole. Provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the District agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the District.

Environmental Hazards. Licensee represents and warrants that its use of District Poles City Facilities will not generate any Hazardous Substances, that it will not store or dispose on or about District Poles City Facilities or transport to District Poles City Facilities any hazardous substances and that Licensee’s Communications Facilities Attachment(s) will not constitute or contain and will not generate any hazardous substance in violation of federal, state or local law now or hereafter in effect including any amendments. Notwithstanding the foregoing, Licensee shall be permitted to bring and keep on City Facilities equipment commonly used in the telecommunications industry, including without limitation, electrical components and batteries. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Communications Facilities would not release any Hazardous Substances. Licensee and its agents, contractors and subcontractors shall defend, indemnify and hold harmless the District City and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, or storage or discovery of any Hazardous Substances on, under or adjacent to the District’s Poles City Facilities attributable to Licensee’s use of City Facilities, except to the Districtextent of the City’s Polesnegligence or willful misconduct in connection with such liability. Should the District’s Poles be declared to contain Hazardous Substances, the District, Licensor acknowledges that Licensee shall not be responsible for the disposal of its Pole. Provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the District agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions contamination at City Facilities to the extent caused in whole or created in part by the DistrictLicensor or a third party.

Environmental Hazards. Licensee represents and warrants that its use of District Tacoma Power’s Poles will not generate any Hazardous Substances, that it will not store or dispose on or about District Tacoma Power's Poles or transport to District Tacoma Power’s Poles any hazardous substances Hazardous Substances and that Licensee’s Communications Facilities Attachments will not constitute or contain and will not generate any hazardous substance Hazardous Substance in violation of federal, state state, or local law now or hereafter in effect effect, including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect effect, including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration incineration, or other disaster, disaster its Communications Facilities Attachments would not release any Hazardous Substances. Licensee and its agents, contractors contractors, and subcontractors shall defend, indemnify indemnify, and hold harmless the District Tacoma Power and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents agents, and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, or expenses (including reasonable attorney’s 's fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage storage, or discovery of any Hazardous Substances on, under under, or adjacent to the DistrictTacoma Power’s Poles attributable to Licensee’s use of the DistrictTacoma Power’s Poles. Should the District’s Poles be declared to contain Hazardous Substances, the District, shall be responsible for the disposal of its Pole. Provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the District agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the District.

Environmental Hazards. Licensee represents and warrants that its use of District the Poles will not generate any Hazardous Substances, that it will not store or dispose on or about District the Poles or transport to District the Poles any hazardous substances substances, and that Licensee’s Communications Facilities will not constitute or contain and will not generate any hazardous substance in violation of federal, state state, or local law law, now or hereafter in effect including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations regulations, or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration incineration, or other disaster, its Communications Facilities would will not release any Hazardous Substances. Licensee and its agents, contractors contractors, and subcontractors shall defend, indemnify indemnify, and hold harmless the District Town and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents agents, and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage storage, or discovery of any Hazardous Substances on, under under, or adjacent to the District’s Poles attributable to Licensee’s use of the District’s Poles. Should the District’s Poles be declared to contain Hazardous Substances, Town, Licensee, and all Attaching Entities shall share proportionately in the Districtcost of disposal of the affected Poles based on each entity’s individual percentage use of same. For Attaching Entities, such percentage shall be responsible for derived from the disposal sum of Assigned Space occupied by each Attaching Entity plus its Poleshare of the Common Space. ProvidedFor Town, such percentage shall be equal to the space above the NESC forty (40) inch safety space plus its share of the Common Space; provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the District agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the District.

Environmental Hazards. Licensee Operator represents and warrants that its use of District Poles KUB Infrastructure will not generate any Hazardous Substances, that it will not store or dispose on or about District Poles KUB Infrastructure or transport to District Poles KUB Infrastructure any hazardous substances Hazardous Substances, and that LicenseeOperator’s Communications Facilities Attachments will not constitute or contain and will not generate any hazardous substance Hazardous Substances in violation of federal, state or local law now or hereafter in effect effect, including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect effect, including any amendments. Licensee Operator further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Communications Facilities Attachments would not release any Hazardous Substances. Licensee Operator and its agents, contractors and subcontractors shall defend, indemnify and hold harmless the District KUB and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any Hazardous Substances on, under or adjacent to the DistrictKUB’s Poles Infrastructure attributable to LicenseeOperator’s use of KUB’s Infrastructure, provided that Operator shall not be liable for any such claims, demands or causes of action to the District’s Polesextent arising from the gross negligence or intentional misconduct of KUB, its commissioners, officers, employees or agents. Should the DistrictKUB’s Poles Infrastructure be declared to contain Hazardous Substances, KUB, Operator, and all attaching Users shall share proportionally in the District, shall be responsible for the cost of disposal of its Pole. Providedthe affected Infrastructure based on each User’s individual percentage use of same; provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding For Users/Operators, such percentage shall be derived from the abovesum of space occupied by each User plus its share of the support space, including the District agrees to defendNESC Communication Worker Safety Zone. For KUB, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions such percentage shall be equal to the extent caused or created by space above the DistrictNESC Communication Worker Safety Zone plus its share of the support space.

Environmental Hazards. Licensee represents and warrants that its use of District Utility’s Poles will not generate any Hazardous Substances, that it will not store or dispose on or about District Poles Utility’s Poles, or transport to District Poles Utility’s Poles, any hazardous substances Hazardous Substances and that Licensee’s Communications Facilities Wireless Installations will not constitute or contain and will not generate any hazardous substance Hazardous Substance in violation of federal, state or local law now or hereafter in effect including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Communications Facilities Wireless Installations would not release any Hazardous Substances. Licensee and its agents, contractors and subcontractors shall defend, indemnify and hold harmless the District LP&L and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents and contractors from and against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any Hazardous Substances on, under or adjacent to the DistrictUtility’s Poles attributable to Licensee’s use of the DistrictUtility’s Poles. , and/or the violation of Licensee’s representations provided herein Should the DistrictUtility’s Poles be declared to contain Hazardous Substances, Utility, Licensee and all Attaching Entities and Wireless Installers shall share proportionately in the Districtcost of disposal of the affected Poles based on each entity’s individual percentage use of the same. For Attaching Entities and Wireless Installers, such percentage shall be responsible for derived from the disposal sum of the space occupied by each Attaching Entity plus its Poleshare of the Common Space. ProvidedFor Utility, however, if such percentage shall be equal to the space above the NESC 40-inch safety space plus its share of the Common Space. If the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the District agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the District.

Environmental Hazards. Licensee represents and warrants that its use of District Utility’s Poles will not generate any Hazardous Substances, that it will not store or dispose on or about District Utility’s Poles or transport to District Utility’s Poles any hazardous substances and that Licensee’s Communications Facilities will not constitute or contain and will not generate any hazardous substance in violation of federal, state state, or local law now or hereafter in effect effect, including any amendments. “Hazardous Substance” ―Hazardous Substance‖ shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect effect, including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration incineration, or other disaster, its Communications Facilities would not release any Hazardous Substances. Licensee and its agents, contractors contractors, and subcontractors shall defend, indemnify indemnify, and hold harmless the District Utility and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents agents, and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, or expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage storage, or discovery of any Hazardous Substances on, under under, or adjacent to the DistrictUtility’s Poles attributable to Licensee’s use of the DistrictUtility’s Poles. Should the DistrictUtility’s Poles be declared to contain Hazardous Substances, Utility, Licensee, and all Attaching Entities shall share proportionately in the Districtcost of disposal of the affected Poles based on each entity’s individual percentage use of same. For Attaching Entities, such percentage shall be responsible for derived from the disposal sum of space occupied by each Attaching Entity plus its Poleshare of the common space, including the NESC safety space. ProvidedFor Utility, however, if such percentage shall be equal to the space above the NESC safety space plus its share of the common Space. If the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the District agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the District.

Environmental Hazards. Licensee represents and warrants that Landlord represents, as of the Commencement Date (i) to the best of its use of District Poles will not generate any Hazardous Substancesknowledge, that it will not store the building or dispose other structures on the Subleased Property contain no asbestos nor have asbestos-containing materials and (ii) to the best of its knowledge, no hazardous waste, materials or about District Poles or transport to District Poles any hazardous substances and that Licensee’s Communications Facilities will not constitute or contain and will not generate any hazardous substance in violation of substances, as defined by applicable federal, state or local law now or hereafter have been heretofore disposed of on the Subleased Property and that no other environmental hazards exist on the Subleased Property. Tenant agrees that it shall not, nor shall it permit others, in effect including any amendments. “Hazardous Substance” shall be interpreted broadly violation of environmental laws and regulations, to mean any substance or material designated or defined as hazardous or toxic wasteuse, hazardous or toxic materialrelease, hazardous or toxic or radioactive substance, dangerous radio frequency radiationstore, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event dispose of breakage, leakage, incineration or other disaster, its Communications Facilities would not release any Hazardous SubstancesMaterials (as defined by environmental law and regulations) on the Subleased Property nor shall Tenant contaminate the Subleased Property or the environment. Licensee and If Tenant or its agents, contractors contractors, or employees, have actual knowledge of any release of any Hazardous Materials on the Subleased Property, or of any inquiry or action by a government agency regarding such materials, Tenant shall immediately notify Landlord. Tenant agrees to abide by all applicable environmental laws and subcontractors regulations as they apply to Tenant's possession, operation and use of the Subleased Property. In the event that the Subleased Property or the environment becomes contaminated with Hazardous Materials as a result of Tenant's use, occupation, or possession of the Subleased Property, it shall defendbe Tenant's sole responsibility and cost to remediate and take from the Subleased Property said contamination. Further, Tenant shall indemnify and hold harmless the District and its respective officialsLandlord from all reasonable claims, officers, board members, council members, commissioners, representatives, employees, agents and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery damages as a result of any Hazardous Substances onenvironmental problems which are the result of Tenant's use, under occupation, or adjacent to the District’s Poles attributable to Licensee’s use possession of the District’s PolesSubleased Property. Should Landlord specifically prohibits Tenant from installing, or allowing others to install, any underground bulk storage tanks on the District’s Poles be declared to contain Hazardous SubstancesSubleased Property. All representations, warranties and indemnification provisions of this Section shall survive the District, shall be responsible for the disposal termination of its Pole. Provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the District agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the Districtthis Sublease.

Environmental Hazards. Licensee represents and warrants that its use of District Poles will not generate any Hazardous Substances, that it will not store or dispose on or about District Poles or transport to District Poles any hazardous substances and that Licensee’s Communications Facilities will not constitute or contain and will not generate any hazardous substance in violation of federal, state or local law now or hereafter in effect including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Communications Facilities would not release any Hazardous Substances. Licensee and its agents, contractors and subcontractors shall defend, indemnify and hold harmless the District and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any Hazardous Substances on, under or adjacent to the District’s Poles attributable to Licensee’s use of the District’s Poles. The foregoing shall not apply to commercially available products used in compliance with the manufacturer’s recommendations and in compliance with federal, state, and local laws at the time the applicable Permit is approved. Should the District’s Poles be declared to contain Hazardous Substances, the District, shall be responsible for the disposal of its Polepole. Provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the District agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the District.

Environmental Hazards. Licensee represents and warrants that its use of District Poles will not generate any Hazardous Substances, that it will not store or dispose on or about District Poles or transport to District Poles any hazardous substances and that Licensee’s Communications Facilities will not constitute or contain and will not generate any hazardous substance in violation of federal, state or local law now or hereafter in effect including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Communications Facilities would not release any Hazardous Substances. Licensee and its agents, contractors and subcontractors shall defend, indemnify and hold harmless the District Grant PUD and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any Hazardous Substances on, under or adjacent to the District’s Poles attributable to Licensee’s use of the District’s Poles. The foregoing shall not apply to commercially available products used in compliance with the manufacturer’s recommendations and in compliance with federal, state, and local laws at the time the applicable Permit is approved. Should the District’s Poles be declared to contain Hazardous Substances, the DistrictGrant PUD, shall be responsible for the disposal of its Polepole. Provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the District Xxxxx XXX agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the DistrictXxxxx XXX.

Environmental Hazards. Licensee represents and warrants that its use of District Tacoma Power’s Poles will not generate any Hazardous Substances, that it will not store or dispose on or about District Tacoma Power's Poles or transport to District Tacoma UNOFFICIAL DOCUMENT Power’s Poles any hazardous substances Hazardous Substances and that Licensee’s Communications Facilities Attachments will not constitute or contain and will not generate any hazardous substance Hazardous Substance in violation of federal, state state, or local law now or hereafter in effect effect, including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect effect, including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration incineration, or other disaster, disaster its Communications Facilities Attachments would not release any Hazardous Substances. Licensee and its agents, contractors contractors, and subcontractors shall defend, indemnify indemnify, and hold harmless the District Tacoma Power and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents agents, and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, or expenses (including reasonable attorney’s 's fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage storage, or discovery of any Hazardous Substances on, under under, or adjacent to the DistrictTacoma Power’s Poles attributable to Licensee’s use of the DistrictTacoma Power’s Poles. Should the District’s Poles be declared to contain Hazardous Substances, the District, shall be responsible for the disposal of its Pole. Provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the District agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the District.

Environmental Hazards. Licensee represents and warrants that its use of District Poles City Facilities will not generate any Hazardous Substances, that it will not store or dispose on or about District Poles City Facilities or transport to District Poles City Facilities any hazardous substances and that Licensee’s Communications Facilities Attachment(s) will not constitute or contain and will not generate any hazardous substance in violation of federal, state or local law now or hereafter in effect including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Communications Facilities Attachment(s) would not release any Hazardous Substances. Licensee and its agents, contractors and subcontractors shall defend, indemnify and hold harmless the District City and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any Hazardous Substances on, under or adjacent to the District’s Poles City Facilities attributable to Licensee’s use of the District’s Poles. Should the District’s Poles be declared to contain Hazardous SubstancesCity Facilities, the District, shall be responsible for the disposal of its Pole. Provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the District agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions except to the extent caused of the City’s gross negligence or created by the Districtwillful misconduct in connection with such liability.

Environmental Hazards. Licensee represents and warrants that its use of District Utility’s Poles will not generate any Hazardous Substances, that it will not store or dispose on or about District Poles Utility’s Poles/Conduit System or transport to District Poles Utility’s Poles/Conduit System any hazardous substances and that Licensee’s Communications Facilities will not constitute or contain and will not generate any hazardous substance in violation of federal, state or local law now or hereafter in effect including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Communications Facilities would not release any Hazardous Substances. Licensee and its agents, contractors and subcontractors shall defend, indemnify and hold harmless the District Utility and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any Hazardous Substances on, under or adjacent to the DistrictUtility’s Poles Poles/Conduit System attributable to Licensee’s use of the DistrictUtility’s PolesPoles or Conduit System. Should the DistrictUtility’s Poles be declared to contain Hazardous Substances, Utility, Licensee and all Attaching Entities shall share proportionately in the Districtcost of disposal of the affected Poles based on each entity’s individual percentage use of same. For Attaching Entities, such percentage shall be responsible for derived from the disposal sum of Assigned Space occupied by each Attaching Entity plus its Poleshare of the Common Space. For Utility, such percentage shall be equal to the space above the NESC 40-inch safety space plus its share of the Common Space. Provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the District agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the District.

Environmental Hazards. Licensee represents and warrants that its use Landlord is not aware of District Poles will not generate any Hazardous Substances, that it will not store past or dispose on or about District Poles or transport to District Poles present release of any hazardous substances, hazardous materials, toxic substances or other similar or regulated substances, residues or wastes, pollutants, petroleum products and by-products (“Hazardous Materials”) at, on, under, or surrounding the Leased Premises and has not received any warning notices, notices of violation, administrative complaints, judicial complaints, or other formal or informal notices from any environmental or governmental agency alleging that Licensee’s Communications Facilities will not constitute the presence of Hazardous Materials at, on, under, or contain and will not generate any hazardous substance surrounding the Leased Premises is in violation of of, or gives rise to liability under, any applicable federal, state or local law now laws, statutes, ordinances, regulations or hereafter in effect including any amendments. “rulings relating to preservation or protection of human health and the environment and/or relating to the handling, treatment or disposal of Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic Materials waste, including, without limitation, related to the release or threatened release of Hazardous Materials (“Environmental Laws”). Tenant represents, warrants, covenants and agrees that it shall not transport, dispose of, or store in, on or around the Leased Premises any Hazardous Materials. Tenant shall document its hazardous waste disposal, if any, and keep the same on file for five (5) years and to document the same by one of the following types of documentation: a hazardous waste manifest; a xxxx of lading from a bonded hazardous substance transporter showing shipment to a licensed hazardous waste facility; or toxic materiala confirmation of receipt of materials from a recycler, hazardous or toxic or radioactive substance, dangerous radio frequency radiationa waste exchange operation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendmentspermitted hazardous waste management facility. Licensee further represents and warrants that in Tenant agrees not to generate hazardous effluents. In the event of breakagea breach of the provisions of this Section 54 by either party, leakagethe other party shall, incineration in addition to all of its rights and remedies under this Lease and pursuant to law, require such party to remove any or all of such hazardous materials from the Leased Premises in the manner prescribed for such removal by all requirements of law. Tenant agrees to allow reasonable access to facilities for monitoring of the above by Landlord, Henrico County, the Virginia Department of Environmental Quality or any other disasterlocal, its Communications Facilities would not release state or federal governmental authority to assure compliance with the above as well as any Hazardous Substancesother conditions relating to the use of the subject property. Licensee and its agents, contractors and subcontractors shall defend, Landlord agrees to indemnify and hold Tenant harmless the District from and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents and contractors against any and all liabilityliabilities, costsclaims, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) whatsoever arising from or due incident to (a) the releasematerial inaccuracy of Landlord’s disclosure or breach of Landlord’s representation related to Hazardous Materials, threatened release, storage or discovery of any Hazardous Substances on, under or adjacent to and (b) the District’s Poles attributable to Licensee’s use of the District’s Poles. Should the District’s Poles be declared to contain Hazardous Substances, the District, shall be responsible for the disposal of its Pole. Provided, however, if the source or presence of Hazardous Materials in and around the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely Leased Premises which have not been introduced by those partiesTenant. Notwithstanding the above, the District Tenant agrees to defend, indemnify and hold Landlord harmless Licensee for from and against any claims against Licensee and all liabilities, claims, damages, and expenses whatsoever arising from or incident to (x) the breach of Tenant’s covenants in this Lease related to Hazardous Substances Materials, and (y) impairment of the environmental condition of the Leased Premises caused by Tenant’s operation on the Leased Premises. The provisions of this Section 54 shall survive the expiration or Conditions to the extent caused or created by the Districtsooner termination of this Lease.