|
ordinances controlling air, water, noise, solid wastes, and other pollution, and relating to
<br />the storage, transport, release, or disposal of hazardous material, substances or waste.
<br />Regardless of the City's acquiescence, Lumos shall indemnify and hold the City, its
<br />officers, agents, employees and volunteers harmless from all costs, claims, damages,
<br />causes of action, liabilities, tines or penalties, including reasonable attorney's fees,
<br />resulting from Lumos' violation of this section and agrees to reimburse City for all costs
<br />and expenses incurred by the City in eliminating or remedying such violations. Lumos
<br />also agrees to reimburse the City and hold the City, its officers, agents, employees and
<br />volunteers harmless from any and all costs, expenses, attorney's fees and all penalties or
<br />civil judgments obtained against any of them as a result of Lumos' use or release of any
<br />hazardous substance or waste onto the ground, or into the water or air from, near or upon
<br />the City's premises. For purposes of this Section, the following definitions shall apply:
<br />"Hazardous Substances" means asbestos and any and all pollutants, dangerous
<br />substances, toxic substances, hazardous wastes, hazardous materials and hazardous
<br />substances as referenced or defined in, or pursuant to, any federal, state, local or other
<br />applicable environmental law, statute, ordinance, rule, order, regulation or standard in
<br />effect on the date hereof including, without limitation, the Resource Conservation and
<br />Recovery Act (42 U.S.0 6901, et seq.), as amended, the Federal Insecticide, Fungicide
<br />and Rodenticide Act (7 U.S.C. 135, et seq.), as amended, the Comprehensive
<br />Environmental Response, Compensation and Liability Act (42 U.S.C. 9601, et seq.), as
<br />amended, and the Toxic Substance Control Act (15 U.S.C. 2601, et seq. ), as amended.
<br />As used in this Section, "release" includes the placing, releasing, depositing,
<br />spilling, leaking, pumping, emitting, emptying, discharging, injecting, escaping,
<br />leaching, disposing or dumping of any substance.
<br />Section 12. General provisions.
<br />(a) Authorit'v. Lumos warrants and represents that it has obtained, or, prior to
<br />construction, will obtain, all necessary and appropriate authority and approval from all
<br />applicable federal and state agencies or authorities for constructing and operating
<br />telecommunications facilities within the City's public streets and public rights -of-
<br />way , and upon request by the City will provide evidence of such authority.
<br />(b) Other remedies. Nothing in this Agreement shall be construed as waiving
<br />or limiting any rights or remedies that the City or Lumos may have, at law or in equity,
<br />for enforcement of this Agreement.
<br />(c) Se►,erabilih•. If any section, subsection, sentence, clause, phrase, or other
<br />portion of this Agreement, or its application to any person, is, for any reason, declared
<br />5 N
<br />
|