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<br /> Orange County, Inc., DBA Soltys Place situated at 105 Meadowlands Drive, Hillsborough,
<br /> North Carolina. Manager shall have no responsibility or authority with regard to these two
<br /> facilities. During events at the Facility the Manager shall ensure that sufficient parking for,
<br /> and access, ingress, and egress to and from the Passmore Senior Center and Soltys Place
<br /> are reasonably maintained and clear of obstruction. If maintenance or repair projects
<br /> related to the Passmore Senior Center or Soltys Place require access, ingress, and egress
<br /> in, over, under, or through the Facility or Facility parking areas Manager shall fully cooperate
<br /> with Owner and Owner's agents, employees, and contractors allowing such access, ingress,
<br /> and, egress. The entire facility is as generally depicted in Exhibit D. The larger structure
<br /> and facility shares one meter for each utility. Manager shall pay all billed utilities and be
<br /> reimbursed, subject to Owner's approval, for the amounts of utilities utilized by the
<br /> Passmore Senior Center and Soltys Place.
<br /> 13.19 Hazardous Substances. Manager shall not cause or permit any
<br /> Hazardous Substance (defined below) to be used, stored, generated or disposed of on or
<br /> in the Facility. If Hazardous Substances are unlawfully used, stored, generated or disposed
<br /> of on or in the Facility, or if the Facility becomes contaminated in any manner for which
<br /> Manager is responsible or liable, Manager shall, and as provided herein, indemnify and hold
<br /> harmless Owner from any and all claims, damages, fines, judgments, penalties, costs,
<br /> liabilities or Losses (including, without limitation, a decrease in value of the Facility or
<br /> improvements, damages due to loss or restriction of rentable or usable space, or any
<br /> damages due to adverse impact on marketing of the space, and any and all sums paid for
<br /> settlement of claims, attorneys' fees, consultant and expert fees) arising during or after the
<br /> term hereof and arising as a result of such use, storage, generation, disposal, or
<br /> contamination by Manager. This indemnification includes, without limitation, any and all
<br /> costs incurred due to any investigation of the site, or any cleanup, removal, or restoration
<br /> mandated by a federal, state, or local agency or political subdivision. Without limitation of
<br /> the foregoing, if Manager causes or permits the presence of any Hazardous Substance on
<br /> the Facility premises and such results in contamination, Manager shall promptly, at its sole
<br /> expense, take any and all necessary actions to return the Facility premises to the condition
<br /> existing prior to the presence of any such Hazardous Substance on the Facility premises
<br /> after first obtaining Owner's approval for such remedial action. Pesticides, herbicides, and
<br /> insecticides shall not be used at the Facility without the express consent of Owner. Manager
<br /> agrees to comply with all applicable North Carolina and Federal Hazardous Substances and
<br /> materials laws in exercising its rights under this Agreement. Manager solely and exclusively
<br /> responsible for prohibiting the introduction of Hazardous Substances to the Facility by any
<br /> user, licensee, lessee, or tenant and upon the discovery of such introduced substances
<br /> shall take immediate action to remove such Hazardous Substances and the offending user,
<br /> licensee, lessee, or tenant from the Facility.
<br /> "Hazardous Substances" shall mean any hazardous wastes, hazardous
<br /> substances, hazardous constituents, toxic substances or related materials, any substance
<br /> which is toxic, ignitable, reactive, or corrosive, whether solids, liquids or gases, including
<br /> but not limited to substances defined as "hazardous waste", "extremely hazardous waste",
<br /> "hazardous substances," "toxic substances," "pollutants," "contaminants," "radioactive
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