Res 2003-122 - Laserfiche WebLink

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arising during or after the Lease Term and arising as a result of such contamination by Lessee. This indemnification includes, without limitation, any and all costs incurred due to any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Lessee causes or permits the presence of any Hazardous Substance on the demised premises and such results in contamination, Lessee shall promptly, at its sole expense, take any and all necessary action to return the demised premises to the condition existing prior to the presence of any such Hazardous Substance on the demised premises. Lessee shall first obtain Lessor's approval for any such remedial action. B. As used herein, "Hazardous Substance" means any substance which is toxic, ignitable, reactive, or corrosive, and which is regulated by any local government, the State of Texas, or the United States Government. "Hazardous Substance" includes any and all materials or substances which are defined as "hazardous waste," "extremely hazardous waste," or a "hazardous substance," pursuant to state, federal or local governmental law. XlV. USE PLAN Lessee shall, by July 1st of each year present to Lessor, for review by the City Airport Manager, a Use Plan detailing how Lessee proposes to utilize the premises in compliance with the Crop Restrictions as outlined in Section II above, for the ensuing year. The Use Plan shall include at a minimum the types of crops and the proposed dates of cutting and plowing of each crop. XV. NON-DISCRIMINATION The Lessee for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration, does covenant and agrees as a covenant running with the land, that: (1) No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said demised premises; (2) In the construction of any improvements on, over, or under such land, and the furnishing of services, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and, (3) The Lessee shall use the demised premises in compliance with all other requirements imposed by or pursuant to 49 Code of Federal Regulations Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said regulations may be amended. XVl. OTHER TERMS AND CONDITIONS A. The Lessee will maintain and mow all areas as depicted within the Legend displayed on Exhibit A. The Lessor's execution of and performance under this Lease will not act as a waiver of any immunity of the Lessor to suit or liability under applicable law. B. This document constitutes the entire agreement between the parties and any modifications of this Lease Agreement shall be in writing and signed by the parties to this Agreement. C. Lessor reserves the right to enter upon the land covered by this Agreement to make inspections concerning Lessee's compliance with the terms of this Agreement or to make repairs or improvements deemed by the Lessor or the United States Government to be necessary. D. The Parties agree that the laws of the State of Texas shall govern this Agreement and that proper venue for enforcement of this Agreement shall lie in Hays County, Texas. 5