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Docusign Envelope ID : 177AA06A-30B442FF-A85A-78B5A7C51DBE
<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
<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
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