Common use of Certain Covenants and Agreements Clause in Contracts

Certain Covenants and Agreements. The Developer hereby covenants and agrees throughout the Term of this Agreement: (1) The Developer will keep and maintain the Property and the Development located thereon, in compliance with all Hazardous Materials Laws, and may not cause or permit the Development or any portion thereof to be a Property for the release, use, generation, treatment, manufacture, storage, discharge, disposal or transportation of Hazardous Materials or otherwise permit the presence of Hazardous Materials in, on or under the Development; (2) The Developer must keep and maintain the Development and each portion thereof in compliance with, and may not cause or permit the Development or any portion thereof to be in violation of, any Hazardous Materials Laws; (3) Upon receiving actual knowledge of the same the Developer must immediately advise the City in writing of: (a) any and all enforcement, cleanup, removal or other governmental or regulatory actions instituted, completed or threatened against the Developer or the Development under any applicable Hazardous Materials Laws; (b) any and all claims made or threatened by any third party against the Developer or the Development relating to damage, contribution, cost recovery, compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in the foregoing clause (a) and this clause (b) are hereinafter referred to as "Hazardous Materials Claims"); (c) the presence of any Hazardous Materials in, on or under the Development; or (d) the Developer's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Development that could cause the Property or any part of the Property to be subject to any restrictions on the ownership, occupancy, transferability, or use of the Development or the Property under any Hazardous Materials Laws, including without limitation under the provisions of California Health and Safety Code, Sections 25220 et seq., or any regulation adopted to implement those sections. The City has the right to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims and to have its reasonable attorney's fees in connection therewith paid by the Developer. (4) Without the City's prior written consent, which will not be unreasonably withheld, the Developer must not take any remedial action in response to the presence of any Hazardous Materials on, under, or about the Development (other than in emergency situations or as required by governmental agencies having jurisdiction), nor enter into any settlement agreement, consent decree, or other compromise in respect to any Hazardous Materials Claims.

Certain Covenants and Agreements. The Each Developer hereby covenants and agrees throughout the Term of this Agreement: (1) The Developer will keep and maintain the Property applicable Developer Parcel and the Development Improvements located thereon, in compliance with all Hazardous Materials Laws, and may not cause or permit the Development Improvements or any portion thereof to be a Property site for the release, use, generation, treatment, manufacture, storage, discharge, disposal or transportation of Hazardous Materials or otherwise permit the presence of Hazardous Materials in, on or under the DevelopmentDevelopment Improvements, except such of the foregoing as may be customarily used in construction of projects like the Development Improvements or kept and used in and about residential property of this type; (2) The Each Developer must keep and maintain the their respective Development Improvements and each any portion thereof in compliance with, and may not cause or permit the Development Improvements or any portion thereof to be in violation of, any Hazardous Materials Laws; (3) Upon receiving actual knowledge of the same same, the Developer must immediately advise the City Commission in writing of: (aA) any and all enforcement, cleanup, removal or other governmental or regulatory actions instituted, completed or threatened against the Developer or the applicable Development under Improvements pursuant to any applicable Hazardous Materials Laws; (bB) any and all claims made or threatened by any third party against the Developer or the applicable Development Improvements relating to damage, contribution, cost recovery, compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in the foregoing clause (aA) and this clause (bB) are hereinafter referred to as "Hazardous Materials Claims"); (cC) the presence of any Hazardous Materials in, on or under the DevelopmentDevelopment Improvements; or (dD) the Developer's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Development that could cause Improvements classified as "borderzone property" under the Property provisions of California Health and Safety Code Sections 25220 et seq., or any part of the Property regulation adopted in accordance therewith, or to be otherwise subject to any restrictions on the ownership, occupancy, transferability, transferability or use of the Development or the Property Improvements under any Hazardous Materials Laws, including without limitation under the provisions of California Health and Safety Code, Sections 25220 et seq., or any regulation adopted to implement those sections. The City Commission has the right to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims and to have its reasonable attorney's fees in connection therewith paid by the Developer. (4) Without the CityCommission's prior written consent, which will not be unreasonably withheld, the Developer must not take any remedial action in response to the presence of any Hazardous Materials on, under, or about the Development Improvements (other than in emergency situations or as required by governmental agencies having jurisdiction), nor enter into any settlement agreement, consent decree, or other compromise in respect to any Hazardous Materials Claims.

Certain Covenants and Agreements. The Developer hereby covenants and agrees throughout agrees, that from and after the Term date of this Agreementthe Closing: (1) The Developer will keep and maintain Except for the Property and the Development located thereon, in compliance with all Water District's transportation of Hazardous Materials Lawsfor use in its operations, and may the Developer shall not cause or knowingly permit the Development or any portion thereof to be a Property site for the release, use, generation, treatment, manufacture, storage, discharge, disposal or transportation of Hazardous Materials or otherwise knowingly permit the presence of Hazardous Materials in, on or under the Development;. (2) The Developer must shall keep and maintain the Development and each portion thereof in compliance with, and may shall not cause or permit the Development or any portion thereof to be in violation of, any Hazardous Materials Laws;. (3) Upon receiving actual knowledge of the same the Developer must shall immediately advise the City Agency in writing of: (aA) any and all enforcement, cleanup, removal or other governmental or regulatory actions instituted, completed or threatened against the Developer or the Development under pursuant to any applicable Hazardous Materials Laws; (bB) any and all claims made or threatened by any third party against the Developer or the Development relating to damage, contribution, cost recovery, compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in the foregoing clause (aA) and this clause (bB) are hereinafter referred to as "Hazardous Materials Claims"); (cC) the presence of any Hazardous Materials in, on or under the Development; or (dD) the Developer's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Development that could cause the Property or any part of the Property to be subject to any restrictions on the ownership, occupancy, transferability, or use of the Development or the Property under any Hazardous Materials Laws, including without limitation classified as "borderzone property" under the provisions of California Health and Safety Code, Sections 25220 et seq., or any regulation adopted in accordance therewith, or to implement those sectionsbe otherwise subject to any restrictions on the ownership, occupancy, transferability or use of the Development under any Hazardous Materials Laws. The City has Agency shall have the right to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims Claims, and to have its reasonable attorney's fees in connection therewith paid by the DeveloperDeveloper owning such portion of the Property. (4) Without the CityAgency's prior written consent, which will shall not be unreasonably withheld, and which the Agency shall promptly grant or deny, the Developer must shall not take any remedial action in response to the presence of any Hazardous Materials on, under, or about the Development (other than in emergency situations or as required by governmental agencies having jurisdictionjurisdiction in which case the Agency agrees to provide its consent), nor enter into any settlement agreement, consent decree, or other compromise in respect to any Hazardous Materials Claims.

Certain Covenants and Agreements. The Until the issuance of a Final Certificate of Completion by the Agency to the Developer, the Developer hereby covenants and agrees throughout the Term of this Agreementthat: (1) a. Except for conditions existing prior to conveyance of any portion of the Site, whether known, disclosed or unknown, the Developer shall not knowingly permit any portion of the Site for which a Phase or Final Certificate of Completion has not been issued or any portion thereof to be a site for the use, generation, treatment, manufacture, storage, disposal or transportation of Hazardous Materials or otherwise knowingly permit the presence of Hazardous Materials in, on or under the Site in violation of any applicable law; The Developer will shall keep and maintain the Property Development during the time that the Developer owns the Site and the Development located thereon, each portion thereof in compliance with all Hazardous Materials Lawswith, and may shall not cause or permit the Development or any portion thereof to be a Property for the release, use, generation, treatment, manufacture, storage, discharge, disposal used or transportation of Hazardous Materials or otherwise permit the presence of Hazardous Materials in, on or under the Development; (2) The Developer must keep and maintain the Development and each portion thereof in compliance with, and may not cause or permit the Development or any portion thereof to be operated in violation of, any Hazardous Materials Laws; (3) b. Upon receiving actual knowledge of the same the Developer must shall immediately advise the City Agency in writing of: (aA) any and all enforcement, cleanup, removal or other governmental or regulatory actions instituted, completed or threatened against the Developer or the Development under pursuant to any applicable Hazardous Materials Laws; (bB) any and all claims made or threatened by any third party against the Developer or the Development relating to damage, contribution, cost recovery, compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in the foregoing clause (aA) and this clause (bB) are hereinafter referred to as "Hazardous Materials Claims"); (cC) the presence of any Hazardous Materials in, on or under the DevelopmentSite in such quantities which require reporting to a government agency; or (dD) the Developer's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Development that could cause the Property or any part of the Property to be subject to any restrictions on the ownership, occupancy, transferability, or use of the Development or the Property under any Hazardous Materials Laws, including without limitation classified as "borderzone property" under the provisions of California Health and Safety Code, Sections 25220 et seq., or any regulation adopted in accordance therewith, or to implement those sectionsbe otherwise subject to any restrictions on the ownership, occupancy, transferability or use of the Development under any Hazardous Materials Laws. The City has If the Agency reasonably determines that the Developer is not adequately responding to a Hazardous Materials Claim, the Agency shall have the right to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any such Hazardous Materials Claims and to have its reasonable attorney's fees in connection therewith paid by the Developer. (4) Without c. The Developer shall not take, without prior notice to the City's prior written consentAgency, which will not be unreasonably withheld, the Developer must not take any remedial action in response to the presence of any Hazardous Materials on, under, or about the Development Site (other than in emergency situations or as required by governmental agencies having jurisdiction), nor enter into any settlement agreement, consent decree, or other compromise in respect to any Hazardous Materials Claims. d. The foregoing provisions of this subsection 9.8.1 of Section 9.8 shall be interpreted and applied consistent with and in compliance with the provisions and requirements under any policy of environmental liability insurance under which the Agency or Developer is a named insured with respect to the Site or any portion or Phase thereof.

Certain Covenants and Agreements. The Following possession of the Property, the Developer hereby covenants and agrees throughout the Term of this Agreement: (1) that: The Developer will keep and maintain shall not knowingly permit the Property and the Development located thereon, in compliance with all Hazardous Materials Laws, and may not cause or permit the Development Improvements or any portion thereof to be a Property site for the release, use, generation, treatment, manufacture, storage, discharge, disposal or transportation of Hazardous Materials or otherwise knowingly permit the presence of Hazardous Materials in, on or under the Development; (2) Property in violation of any applicable law; The Developer must shall keep and maintain the Development Property and Improvements and each portion thereof in compliance with, and may shall not cause or permit the Development Property and Improvements or any portion thereof to be in violation of, any Hazardous Materials Laws; (3) ; Upon receiving actual knowledge of the same the Developer must immediately shall within ten (10) days advise the City in writing of: (aA) any and all enforcement, cleanup, removal or other governmental or regulatory actions instituted, completed or threatened against the Developer or the Development under Property and Improvements pursuant to any applicable Hazardous Materials Laws; (bB) any and all claims made or threatened by any third party against the Developer or the Development Property and Improvements relating to damage, contribution, cost recovery, compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in the foregoing clause (aA) and this clause (bB) are hereinafter referred to as "Hazardous Materials Claims"); (cC) the presence of any Hazardous Materials in, on or under the DevelopmentProperty in such quantities which require reporting to a government agency; or (dD) the Developer's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Development that could cause the Property and Improvements or any part of the Property Public Improvements or to be otherwise subject to any restrictions on the ownership, occupancy, transferability, transferability or use of the Development or the Property Improvements and Public Improvements under any Hazardous Materials Laws, including without limitation under the provisions of California Health and Safety Code, Sections 25220 et seq., or any regulation adopted to implement those sections. The City has the right to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims and to have its reasonable attorney's fees in connection therewith paid by the Developer. (4) Without the City's prior written consent, which will not be unreasonably withheld, the Developer must not take any remedial action in response to the presence of any Hazardous Materials on, under, or about the Development (other than in emergency situations or as required by governmental agencies having jurisdiction), nor enter into any settlement agreement, consent decree, or other compromise in respect to any Hazardous Materials Claims.

Certain Covenants and Agreements. The Developer hereby covenants and agrees throughout the Term of this Agreement: (1) The Developer will keep and maintain the Property and the Development located thereon, in compliance with all Hazardous Materials Laws, and may not cause or permit the Development or any portion thereof to be a Property site for the release, use, generation, treatment, manufacture, storage, discharge, disposal or transportation of Hazardous Materials or otherwise permit the presence of Hazardous Materials in, on or under the Development; (2) The Developer must keep and maintain the Development and each portion thereof in compliance with, and may not cause or permit the Development or any portion thereof to be in violation of, any Hazardous Materials Laws; (3) Upon receiving actual knowledge of the same the Developer must immediately advise the City in writing of: (a) any and all enforcement, cleanup, removal or other governmental or regulatory actions instituted, completed or threatened against the Developer or the Development under any applicable Hazardous Materials Laws; (b) any and all claims made or threatened by any third party against the Developer or the Development relating to damage, contribution, cost recovery, compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in the foregoing clause (a) and this clause (b) are hereinafter referred to as "Hazardous Materials Claims"); (c) the presence of any Hazardous Materials in, on or under the Development; or (d) the Developer's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Development that could cause the Property or any part of the Property to be subject to any restrictions on the ownership, occupancy, transferability, or use of the Development or the Property under any Hazardous Materials Laws, including without limitation under the provisions of California Health and Safety Code, Sections 25220 et seq., or any regulation adopted to implement those sections. The City has the right to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims and to have its reasonable attorney's fees in connection therewith paid by the Developer. (4) Without the City's prior written consent, which will not be unreasonably withheld, the Developer must not take any remedial action in response to the presence of any Hazardous Materials on, under, or about the Development (other than in emergency situations or as required by governmental agencies having jurisdiction), nor enter into any settlement agreement, consent decree, or other compromise in respect to any Hazardous Materials Claims.

Certain Covenants and Agreements. The Developer hereby covenants and agrees throughout the Term of this Agreement: (1) The Developer will keep and maintain the Property and the Development Improvements located thereon, in compliance with all Hazardous Materials Laws, and may not cause or permit the Development or any portion thereof to be a Property site for the release, use, generation, treatment, manufacture, storage, discharge, disposal or transportation of Hazardous Materials or otherwise permit the presence of Hazardous Materials in, on or under the Development; (2) The Developer must keep and maintain the Development and each portion thereof in compliance with, and may not cause or permit the Development or any portion thereof to be in violation of, any Hazardous Materials Laws; (3) Upon receiving actual knowledge of the same the Developer must immediately advise the City County in writing of: (ai) any and all enforcement, cleanup, removal or other governmental or regulatory actions instituted, completed or threatened against the Developer or the Development under pursuant to any applicable Hazardous Materials Laws; (bii) any and all claims made or threatened by any third party against the Developer or the Development relating to damage, contribution, cost recovery, compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in the foregoing clause (ai) and this clause (bii) are hereinafter referred to as "Hazardous Materials Claims"); (ciii) the presence of any Hazardous Materials in, on or under the Development; or (div) the Developer's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Development that could cause classified as "borderzone property" under the Property provisions of California Health and Safety Code Sections 25220 et seq., or any part of the Property regulation adopted in accordance therewith, or to be otherwise subject to any restrictions on the ownership, occupancy, transferability, transferability or use of the Development or the Property under any Hazardous Materials Laws, including without limitation under the provisions of California Health and Safety Code, Sections 25220 et seq., or any regulation adopted to implement those sections. The City County has the right to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims and to have its reasonable attorney's fees in connection therewith paid by the Developer. (4) Without the CityCounty's prior written consent, which will not be unreasonably withheld, the Developer must not take any remedial action in response to the presence of any Hazardous Materials on, under, or about the Development (other than in emergency situations or as required by governmental agencies having jurisdiction), nor enter into any settlement agreement, consent decree, or other compromise in respect to any Hazardous Materials Claims.