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Agenda - 12-03-2007-4o
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Agenda - 12-03-2007-4o
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Last modified
9/1/2008 10:52:53 PM
Creation date
8/28/2008 10:35:52 AM
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BOCC
Date
12/3/2007
Document Type
Agenda
Agenda Item
4o
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"~ <br />property. The Lessee will be responsible for insurance on the personal property owned <br />by the Lessee and placed in or on the premises by the Lessee. <br />4. Lessee shall be responsible and pay for all utilities necessary far its use of <br />the premises. <br />5. The Lessee shall be responsible for all maintenance of the leased premises <br />during the period of the Lease. <br />6. (a} Lessee shall not knowingly cause or permit any Hazardous Material (as <br />hereinafter defined} to be brought upon, kept or used in or about the premises by Lessee, <br />its agents, employees, contractors or invitees, except for such Hazardous Material as is <br />necessary for the operation of Lessee's busiress. Any such Hazardous Materials used for <br />Lessee's business shall be handled, stored and disposed of in accordance with applicable <br />laws, rule and/or regulations. . <br />(b) As used herein, the term ``Hazardous Material" means (i) any "hazardous <br />waste" as defined by the Resource Conservation and Recovery Act of 1976, as amended <br />from time to time, and the regulations promulgated thereunder; (ii) any "hazardous <br />substance" as defined by the Comprehensive Environmental Response, Compensation, <br />Liability Act of 1980, as amended from time to time, and regulations promulgated <br />thereunder; (iii) any material or substance regulated by the Toxic Substances Control Act <br />as amended from time to time and regulations promulgated thereunder; (iv} any material <br />ar substance regulated by the Federal Insecticide, Fungicide and Rodenticide Act, as <br />amended from time to time, and the regulations promulgated thereunder; (v) any oil, <br />petroleum products and their by-products; and (vi) any other hazardous, toxic or <br />dangerous material or substance that is or becomes regulated by any federal, state or local <br />law or regulation. <br />(c) Lessor makes no representations regarding any environmental hazard on the <br />premises. <br />(d} Lessee acknowledges that Lessor is engaged in a voluntary rernediation of <br />the Airport Road Chemical Waste Site and Lessee agrees to comply with any instructions <br />issued by. Lessor in connection with the remediation. These instructions may include but <br />not be limited to re-routing of the access road to the premises and restrictions on when <br />Lessee, its agents, employees, contractors or invitees, may have access to the leased <br />Premises. Lessee .also agrees to allow access to the leased premises to the Town of <br />Chapel Hill for the purpose of performing any remedial work required by the Lessor. <br />(e} It is understood and agreed that the Lessor will be closing parts of the existing <br />Municipal Drive and constructing a new, temporary access road as shown in Exhibit B. <br />7. All notices herein provided to be given, or which may be given, by either <br />parry to the other, shall be deemed to have been fully given when made in writing and <br />2 <br />
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