|
13.18 Passmore Senior Center. The Facility is part of the larger structure and
<br />facility owned by Owner that includes the Passmore Senior Center, situated at 103
<br />Meadowlands Drive, Hillsborough, North Carolina and Senior Care of Orange County, Inc.,
<br />DBA Soltys Place situated at 105 Meadowlands Drive, Hillsborough, North Carolina.
<br />Manager shall have no responsibility or authority with regard to these two facilities. During
<br />events at the Facility the Manager shall ensure that sufficient parking for, and access,
<br />ingress, and, egress to and from the Passmore Senior Center and Soltys Place are
<br />reasonably maintained and clear of obstruction. In the event 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.
<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, to the extent permitted by law, and as
<br />provided herein, indemnify and hold harmless Owner from any and all claims, damages,
<br />fines, judgments, penalties, costs, liabilities or Losses (including, without limitation, a
<br />decrease in value of the Facility or improvements, damages due to loss or restriction of
<br />rentable or usable space, or any damages due to adverse impact on marketing of the space,
<br />and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert
<br />fees) arising during or after the term hereof and arising as a result of such use, storage,
<br />generation, disposal, or contamination by Manager. This indemnification includes, without
<br />limitation, any and all costs incurred due to any investigation of the site, or any cleanup,
<br />removal, or restoration mandated by a federal, state, or local agency or political subdivision.
<br />Without limitation of the foregoing, if Manager causes or permits the presence of any
<br />Hazardous Substance on the Facility premises and such results in contamination, Manager
<br />shall promptly, at its sole expense, take any and all necessary actions to return the Facility
<br />premises to the condition existing prior to the presence of any such Hazardous Substance
<br />on the Facility premises after first obtaining Owner’s approval for such remedial action.
<br />Pesticides, herbicides, and insecticides shall not be used at the Facility without the express
<br />consent of Owner. Manager agrees to comply with all applicable North Carolina and Federal
<br />Hazardous Substances and materials laws in exercising its rights under this Agreement.
<br />Manager solely and exclusively responsible for prohibiting the introduction of Hazardous
<br />Substances to the Facility by any user, licensee, lessee, or tenant and upon the discovery
<br />of such introduced substances shall take immediate action to remove such Hazardous
<br />Substances and the offending user, 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 />Docusign Envelope ID: 177AA06A-30B4-42FF-A85A-78B5A7C51DBE
|