IT IS IN COMPLIANCE WITH ALL ENVIRONMENTAL LAWS
OR SHALL EXPLICITLY DESCRIBE LESSEE'S NONCOMPLIANCE, INCLUDING LESSEE'S INTENDED
COURSE OF ACTION AND TIME FRAME FOR COMING INTO COMPLIANCE.
ADDITIONALLY,
LESSEE SHALL PROVIDE THE COMMISSION WITH A DUPLICATE COPY OF ANY EMERGENCY
PREPAREDNESS AND RESPONSE PLANS OR ANY ENVIRONMENTAL COMPLIANCE AUDITS OF
SELF-ANALYSES WHICH IT HAS PREPARED OR HAS HAD PREPARED PURSUANT TO ANY LEGAL
REQUIREMENT OR FOR ANY OTHER REASON.
THE COMMISSION ASSUMES NO RESPONSIBILITY
FOR REPORTING OR IMPLEMENTATION OF THE PLAN BY VIRTUE OF POSSESSION OF SAID
DUPLICATE COPY.
(D)
LESSEE SHALL PROVIDE THE COMMISSION WITH COPIES OF ANY NOTICE OF
ALLEGED VIOLATIONS BY LESSEE, OR OF CLAIMS AGAINST LESSEE, RELATING TO
ENVIRONMENTAL LAWS, OR ANY CHANGES TO ITS EMERGENCY PREPAREDNESS AND RESPONSE
PLANS.
LESSEE SHALL PROVIDE SUCH COPIES WITHIN FIVE (5) DAYS OF RECEIVING ANY
SUCH NOTICE OR MAKING ANY SUCH CHANGE.
LESSEE SHALL GIVE WRITTEN NOTICE TO THE
COMMISSION WITHIN ONE (1) BUSINESS DAY AFTER THE DATE ON WHICH LESSEE LEARNS OR
FIRST HAS REASON TO BELIEVE THAT ANY RELEASE, DISCHARGE OR EMISSION OF ANY
HAZARDOUS MATERIAL HAS OCCURRED ON, IN, OR ABOUT THE LEASED PREMISES.
(E)
LESSEE, ON ITS OWN BEHALF AND ON BEHALF OF ITS SUCCESSORS AND
ASSIGNS, HEREBY RELEASES AND FOREVER DISCHARGES THE COMMISSION, ITS OFFICERS,
DIRECTORS, EMPLOYEES AND AGENTS, BOTH IN THEIR CAPACITIES AS CORPORATE
REPRESENTATIVES AND AS INDIVIDUALS, FROM ANY AND ALL CLAIMS, ACTIONS OR
LIABILITIES OF ANY MANNER WHATSOEVER, WHETHER IN LAW OR EQUITY, WHETHER NOW OR
HEREAFTER CLAIMED OR KNOWN, WHICH LESSEE NOW HAS OR MAY HAVE IN THE FUTURE
AGAINST THE COMMISSION ARISING FROM OR RELATING IN ANY WAY TO RELEASES OR
THREATENED RELEASES OF HAZARDOUS MATERIAL BROUGHT UPON, GENERATED OR DISCHARGED
FROM, OR STORED OR USED IN OR ABOUT THE LEASED PREMISES OR OTHERWISE IN THE PORT
BY LESSEE, ITS SUCCESSORS, ASSIGNS, AGENTS, EMPLOYEES, CONTRACTORS OR INVITEES,
OR WHICH ARISE FROM LESSEE'S FAILURE OR ALLEGED FAILURE TO COMPLY WITH ALL
ENVIRONMENTAL LAWS.
41
(F)
LESSEE SHALL NOT INSTALL ANY TANK (AS SUCH TERM IS DEFINED IN 40
C.F.R. §260.10, AS AMENDED FROM TIME TO TIME) ON THE LEASED PREMISES WITHOUT THE
PRIOR WRITTEN APPROVAL OF THE COMMISSION.
(G)
IF THE PRESENCE OF ANY HAZARDOUS MATERIAL IN THE LEASED PREMISES
OR OTHERWISE IN THE PORT CAUSED OR PERMITTED BY LESSEE (EVEN IF CONSENTED TO OR
ALLOWED BY THE COMMISSION) OR LESSEE'S USE, STORAGE, TREATMENT, TRANSPORTATION,
GENERATION OR DISPOSAL OF HAZARDOUS MATERIAL RESULTS IN CONTAMINATION (IN ANY
AMOUNT OR DEGREE) OF THE LEASED PREMISES, THE PORT, OTHER PROPERTY NOT A PART OF
THE PORT, OR INJURY TO ANY PERSON, THEN LESSEE SHALL INDEMNIFY, DEFEND AND HOLD
THE COMMISSION HARMLESS FROM ANY AND ALL CLAIMS, JUDGMENTS, DAMAGES, PENALTIES,
FINES, COSTS, LIABILITIES OR LOSSES (INCLUDING WITHOUT LIMITATION, DIMINUTION IN
VALUE OF THE LEASED PREMISES OR THE PORT, DAMAGES FOR THE LOSS OR RESTRICTION ON
USE OF RENTABLE OR USABLE SPACE OR OF ANY AMENITY OF THE LEASED PREMISES OR THE
PORT, DAMAGES ARISING FROM ANY ADVERSE IMPACT ON MARKETING OF SPACE IN