Res 2011-049 - Laserfiche WebLink

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9. REMOVAL AND RESTORATION It is hereby agreed between the parties that upon termination of its occupancy ITT shall, at Lessor's option: (a) remove the equipment and all other equipment and utility extensions and restore the property which is the subject matter of this lease including removal of structures, equipment and subsurface ducting, cables, and grounding systems to as good or better condition as existed prior to the installation of same within 30 days after lease termination. Any equipment not removed shall become the property of Lessor and shall remain upon surrender of Lessee's space. Lessee shall have no right to any payment therefor. 10. INTERFERENCE WITH RADIO SITE OPERATIONS ITT agrees not to erect or allow to be erected any structure or obstruction on the site or adjoining land within the airport boundaries that may interfere with the proper operation of the facilities installed by the Lessor under the terms of this Lease unless consent hereto shall first be granted by the Lessor in writing which consent shall not be unreasonably withheld. ITT shall support the Lessor in the evaluation of any potential interference issues. The Lessor shall use reasonable efforts during construction in proximity to the communication tower, to minimize RF interference. The Lessor shall be allowed to pursue construction activity giving proper clearance to Lessee's tower communication activities. ITT consent shall also be contingent upon FAA approval, when interference results in limitations in radio station performance within the NAS. ITT shall not use the premises in any way which interferes with the use of the property by Lessor or other airport lessees or licensees of Lessor with rights in the property prior in time to ITT's (subject to ITT's rights under this Lease, including, without limitation, non - interference). Lessee's use of the property shall always be subordinate to the Lessor's rights to use the property for airport and other FAA approved municipal uses. 11. HAZARDOUS SUBSTANCES ITT agrees and warrants that it will not cause any Hazardous Materials Contamination to take place on the Leased Premises at any time during the term of this Lease. ITT agrees to promptly remediate, at its sole cost, all hazardous substance contamination on the leased premises caused by ITT and the installation, operation, and/or maintenance of ITT's facilities. (a) For the purposes of this Lease, Lessor and Lessee agree that, unless the context otherwise specifies or requires, the following terms shall have the following meanings: (1) "Hazardous Materials" shall mean (i) any "hazardous waste" as defined by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.), as amended from time to time, and regulations promulgated thereunder; (ii) any "hazardous substance" as defined by the Comprehensive Environmental Response, Compensation 61