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<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 />
<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 />
<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
<br />materials,” or other similar designations in, or otherwise subject to regulation under, the
<br />Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
<br />amended by the Superfund Amendments and Reauthorization Act of 1986 (CERCLA), 42
<br />U.S.C. §§ 9601 et seq.; the Toxic Substance Control Act (TSCA), 15 U.S.C. §§ 2601 et
<br />seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §§ 1802 et seq.; the Resource
<br />Conservation and Recovery Act (RCRA), 42 U.S.C. §§ 9601 et seq.; The Clean Water Act
<br />(CWA), 33 U.S.C. §§ 1251 et seq.; the Safe Drinking Water Act, 42 U.S.C. §§ 300(f) et seq.;
<br />the Clean Air Act (CAA), 42 U.S.C. §§ 7401 et seq.; all as amended; any law, rule, or
<br />Docusign Envelope ID: 177AA06A-30B4-42FF-A85A-78B5A7C51DBE
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