Common use of Compliance with Stormwater Laws Clause in Contracts

Compliance with Stormwater Laws. Xxxxxx’s use of the Premises is subject to all federal, state and local laws, statutes, regulations, ordinances, policies and guidelines (“Stormwater Laws”) regarding the discharge of pollutants into the stormwater conveyance system. Lessee’s compliance with Stormwater Laws may include requirements for Lessee to develop, install, implement and maintain pollution prevention measures, source control measures and Best Management Practices (“BMPs”). BMPs can include operational practices, water or pollutant management practices, physical site features, or devices to remove pollutants from stormwater, to affect the flow of stormwater or to infiltrate stormwater to the ground. BMPs applicable to Lessee’s use of the Premises may include a requirement that all materials, wastes or equipment with the potential to pollute urban runoff be stored in a manner that either prevents contact with rainfall and stormwater, or contains contaminated runoff for treatment and disposal. Lessee is required to and shall use, operate, maintain, develop, redevelop and retrofit the Premises, as necessary, in accordance with Stormwater Laws restricting the discharge of non- stormwater at or from the Premises and Stormwater Laws requiring pollution prevention measures, source control measures, or the installation or use of BMPs. Lessee shall develop, install, implement and/or maintain at Lessee’s sole expense, any BMPs or similar pollution control devices required by Stormwater Laws and any implementing regulations or guidance. Xxxxxx understands and acknowledges that the Stormwater Laws applicable to Lessee’s use of the Premises may be changed from time to time by federal, state and/or local authorities, and that additional requirements may become applicable based on changes in Lessee’s activities or development or redevelopment by Lessee or County. Lessee shall conduct annual stormwater training, perform regular stormwater self-inspections, maintain records of all stormwater training and self-inspections and provide all necessary documentation to County upon request. Lessee shall develop, install, implement, and maintain any additional BMPs and/or other pollution control practices at the Premises at Lessee’s sole expense. To the extent there is a conflict between any federal, state or local law, Lessee shall comply with the more restrictive provision. If County receives any fine or fines from any regulatory agency as a result of Xxxxxx’s failure to comply with Stormwater Laws, Xxxxxx shall reimburse County for the entire amount of the fine(s).

Appears in 1 contract

Samples: Lease Agreement

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Compliance with Stormwater Laws. Xxxxxx’s Licensee's use of the Premises is subject to all present or future federal, state and local laws, statutes, regulations, ordinances, policies policies, guidelines and guidelines orders ("Stormwater Laws") regarding the discharge of pollutants into the stormwater conveyance system. Lessee’s Licensee's compliance with Stormwater Laws may include requirements for Lessee Licensee to develop, install, implement implement, and maintain pollution prevention measures, source control measures and Best Management Practices (“BMPs”BMP). BMPs can include operational practices, water or pollutant management practices, physical site features, or devices to remove pollutants from stormwater, to affect the flow of stormwater or to infiltrate stormwater to the ground. BMPs applicable to Lessee’s Licensee's use of the Premises may include a requirement that all materials, wastes or equipment with the potential to pollute urban runoff be stored in a DocuSign Envelope ID: B574BAA2-23CF-487A-9FFB-9E48D224DB33 manner that either prevents contact with rainfall and stormwater, or contains contaminated runoff for treatment and disposal. Lessee Licensee is required to to, and shall use, operate, maintain, develop, redevelop redevelop, and retrofit the Premises, as necessary, in accordance with Stormwater Laws restricting the discharge of non- non-stormwater at or from the Premises Premises, and Stormwater Laws requiring pollution prevention measures, source control measures, or the installation or use of BMPs. Lessee Licensee shall develop, install, implement and/or maintain at Lessee’s Licensee' s sole cost and expense, any BMPs or similar pollution control devices required by Stormwater Laws and any implementing regulations or guidance. Xxxxxx Licensee understands and acknowledges that the Stormwater Laws applicable to Lessee’s Licensee's use of the Premises may be changed from time to time by federal, state and/or local authorities, and that additional requirements may become applicable based on changes in Lessee’s Licensee's activities or development or redevelopment by Lessee Licensee or CountyDistrict. Lessee Licensee shall conduct annual stormwater training, perform regular stormwater self-inspections, and maintain records of all stormwater training and self-inspections and provide all necessary documentation to County District upon request. Lessee Licensee shall develop, install, implement, and maintain any additional BMPs and/or other pollution control practices at the Premises at Lessee’s Licensee's sole cost and expense. To the extent there is a conflict between any federal, state or local law, Lessee Licensee shall comply with the more restrictive provision. If County District receives any fine or fines from any regulatory agency as a result of Xxxxxx’s Licensee's failure to comply with Stormwater Laws, Xxxxxx Licensee shall reimburse County District for the entire amount of the fine(s).

Appears in 1 contract

Samples: License Agreement

Compliance with Stormwater Laws. Xxxxxx’s use of the Premises is subject to all federal, state and local laws, statutes, regulations, ordinances, policies and guidelines (“Stormwater Laws”) regarding the discharge of pollutants into the stormwater conveyance systemsystem in effect as of the Commencement Date or any Stormwater Laws enacted or adopted during the Term. Lessee’s compliance with Stormwater Laws may include requirements for Lessee to develop, install, implement and maintain pollution prevention measures, source control measures and Best Management Practices (“BMPs”). BMPs can include operational practices, water or pollutant management practices, physical site features, or devices to remove pollutants from stormwater, to affect the flow of stormwater or to infiltrate stormwater to the ground. BMPs applicable to Lessee’s use of the Premises may include a requirement that all materials, wastes or equipment with the potential to pollute urban runoff be stored in a manner that either prevents contact with rainfall and stormwater, or contains contaminated runoff for treatment and disposal. Lessee is required to and shall use, operate, maintain, develop, redevelop and retrofit the Premises, as necessary, in accordance with Stormwater Laws restricting the discharge of non- stormwater at or from the Premises and Stormwater Laws requiring pollution prevention measures, source control measures, or the installation or use of BMPs. Lessee shall develop, install, implement and/or maintain at Lessee’s sole expense, any BMPs or similar pollution control devices required by Stormwater Laws and any implementing regulations or guidance. Xxxxxx understands and acknowledges that the Stormwater Laws applicable to Lessee’s use of the Premises may be changed from time to time by federal, state and/or local authorities, and that additional requirements may become applicable based on changes in Lessee’s activities or development or redevelopment by Lessee or County. Lessee shall conduct annual stormwater training, perform regular stormwater self-inspections, maintain records of all stormwater training and self-inspections and provide all necessary documentation to County upon request. Lessee shall develop, install, implement, and maintain any additional BMPs and/or other pollution control practices at the Premises at Lessee’s sole expense. To the extent there is a conflict between any federal, state or local law, Lessee shall comply with the more restrictive provision. If County receives any fine or fines from any regulatory agency as a result of Xxxxxx’s failure to comply with Stormwater Laws, Xxxxxx shall reimburse County for the entire amount of the fine(s).

Appears in 1 contract

Samples: Lease and Operations Agreement

Compliance with Stormwater Laws. Xxxxxx’s use of the Premises and Improvements is subject to all federal, state and local laws, statutes, regulations, ordinancesorders, policies and guidelines (“Stormwater Laws”) regarding the discharge of pollutants into the stormwater conveyance system. Lessee’s compliance with Stormwater Laws may include requirements for require Lessee to develop, install, implement and maintain pollution prevention measures, source control measures and Best Management Practices (“BMPs”). BMPs can include operational practices, water or pollutant management practices, physical site features, or devices to remove pollutants from stormwater, stormwater to affect the flow of stormwater or to infiltrate stormwater to the ground. BMPs applicable to Lessee’s use of the Premises or Improvements may include a requirement that all materials, wastes or equipment with the potential to pollute urban runoff be stored in a manner that either prevents contact with rainfall and stormwater, or contains contaminated runoff for treatment and disposal. Lessee is required to to, and shall use, operate, maintain, develop, redevelop and retrofit the PremisesPremises and Improvements, as necessary, in accordance with Stormwater Laws restricting the discharge of non- non-stormwater at or from the Premises or Improvements and Stormwater Laws requiring pollution prevention measures, source control measures, or the installation or use of BMPs. Lessee shall develop, install, implement and/or maintain at Lessee’s sole cost and expense, any BMPs or similar pollution control devices required by Stormwater Laws and any implementing regulations or guidance. Xxxxxx Lessee understands and acknowledges that the Stormwater Laws applicable to Lessee’s use of the Premises or Improvements may be changed from time to time by federal, state and/or local authorities, and that additional requirements may become applicable based on changes in Lessee’s activities or development or redevelopment by Lessee or County. Lessee shall conduct annual stormwater training, training and perform regular stormwater self-inspections, maintain records of all stormwater training and self-inspections inspections, and provide all necessary documentation to County upon request. Lessee shall promptly supply County with copies of notices of violations, notices of non-compliance, or other similar type notices received from regulatory agencies regarding any issues or conditions at the Premises or Improvements related to stormwater and non-stormwater management practices, any discharge in stormwater or non-stormwater from the Premises or Improvements, or any prohibited discharge of non-stormwater from the Premises or Improvements. Lessee shall also provide the County with copies of the final reports Lessee submits to any regulatory agency regarding investigation and/or remediation of stormwater or non-stormwater pollution related issues at the Premises or Improvements and/or prohibited discharges of non-stormwater from the Premises or Improvements. Lessee shall develop, install, implement, and maintain any additional BMPs requested BMPs, corrective actions, and/or other pollution control practices at the Premises or Improvements at Lessee’s sole cost and expense. To the extent there is a conflict between any federal, state State or local law, Lessee shall comply with the more restrictive provision. If County receives any fine or fines from any regulatory agency as a result of Xxxxxx’s failure to comply with Stormwater Laws, Xxxxxx shall reimburse County for the entire amount of the fine(s).. 14

Appears in 1 contract

Samples: Ground Lease Agreement

Compliance with Stormwater Laws. XxxxxxLessee’s use of the Premises and Improvements is subject to all federal, state and local laws, statutes, regulations, ordinancesorders, policies and guidelines (“Stormwater Laws”) regarding the discharge of pollutants into the stormwater conveyance system. Lessee’s compliance with Stormwater Laws may include requirements for require Lessee to develop, install, implement and maintain pollution prevention measures, source control measures and Best Management Practices (“BMPs”). BMPs can include operational practices, water or pollutant management practices, physical site features, or devices to remove pollutants from stormwater, stormwater to affect the flow of stormwater or to infiltrate stormwater to the ground. BMPs applicable to Lessee’s use of the Premises or Improvements may include a requirement that all materials, wastes or equipment with the potential to pollute urban runoff be stored in a manner that either prevents contact with rainfall and stormwater, or contains contaminated runoff for treatment and disposal. Lessee is required to to, and shall use, operate, maintain, develop, redevelop and retrofit the PremisesPremises and Improvements, as necessary, in accordance with Stormwater Laws restricting the discharge of non- non-stormwater at or from the Premises or Improvements and Stormwater Laws requiring pollution prevention measures, source control measures, or the installation or use of BMPs. Lessee shall develop, install, implement and/or maintain at Lessee’s sole cost and expense, any BMPs or similar pollution control devices required by Stormwater Laws and any implementing regulations or guidance. Xxxxxx Lessee understands and acknowledges that the Stormwater Laws applicable to Lessee’s use of the Premises or Improvements may be changed from time to time by federal, state and/or local authorities, and that additional requirements may become applicable based on changes in Lessee’s activities or development or redevelopment by Lessee or County. Lessee shall conduct annual stormwater training, training and perform regular stormwater self-inspections, maintain records of all stormwater training and self-inspections inspections, and provide all necessary documentation to County upon request. Lessee shall promptly supply County with copies of notices of violations, notices of non-compliance, or other similar type notices received from regulatory agencies regarding any issues or conditions at the Premises or Improvements related to stormwater and non-stormwater management practices, any discharge in stormwater or non-stormwater from the Premises or Improvements, or any prohibited discharge of non-stormwater from the Premises or Improvements. Lessee shall also provide the County with copies of the final reports Lessee submits to any regulatory agency regarding investigation and/or remediation of stormwater or non-stormwater pollution related issues at the Premises or Improvements and/or prohibited discharges of non-stormwater from the Premises or Improvements. Lessee shall develop, install, implement, and maintain any additional BMPs requested BMPs, corrective actions, and/or other pollution control practices at the Premises or Improvements at Lessee’s sole cost and expense. To the extent there is a conflict between any federal, state State or local law, Lessee shall comply with the more restrictive provision. If County receives any fine or fines from any regulatory agency as a result of XxxxxxLessee’s failure to comply with Stormwater Laws, Xxxxxx Lessee shall reimburse County for the entire amount of the fine(s).

Appears in 1 contract

Samples: Ground Lease Agreement

Compliance with Stormwater Laws. XxxxxxLessee’s use of the Premises is subject to all federal, state and local laws, statutes, regulations, ordinances, policies and guidelines (“Stormwater Laws”) regarding the discharge of pollutants into the stormwater conveyance system. Lessee’s compliance with Stormwater Laws may include requirements for Lessee to develop, install, implement and maintain pollution prevention measures, source control measures and Best Management Practices (“BMPs”). BMPs can include operational practices, water or pollutant management practices, physical site features, or devices to remove pollutants from stormwater, to affect the flow of stormwater or to infiltrate stormwater to the ground. BMPs applicable to Lessee’s use of the Premises may include a requirement that all materials, wastes or equipment with the potential to pollute urban runoff be stored in a manner that either prevents contact with rainfall and stormwater, or contains contaminated runoff for treatment and disposal. Lessee is required to to, and shall use, operate, maintain, develop, redevelop and retrofit the Premises, as necessary, in accordance with Stormwater Laws restricting the discharge of non- non-stormwater at or from the Premises Premises; and Stormwater Laws requiring pollution prevention measures, source control measures, or the installation or use of BMPs. Lessee shall develop, install, implement and/or maintain at Lessee’s sole cost and expense, any BMPs or similar pollution control devices required by Stormwater Laws and any implementing regulations or guidance. Xxxxxx Lessee understands and acknowledges that the Stormwater Laws applicable to Lessee’s use of the Premises may be changed from time to time by federal, state and/or local authorities, and that additional requirements may become applicable based on changes in Lessee’s activities or development or redevelopment by Lessee or County. Lessee shall conduct annual stormwater training, training and perform regular stormwater self-inspections, maintain records of all stormwater training and self-inspections and provide all necessary documentation to County upon request. Lessee shall develop, install, implement, and maintain any additional BMPs and/or other pollution control practices at the Premises at Lessee’s sole cost and expense. To the extent there is a conflict between any federal, state or local law, Lessee shall comply with the more restrictive provision. If County receives any fine or fines from any regulatory agency as a result of XxxxxxLessee’s failure to comply with Stormwater Laws, Xxxxxx Lessee shall reimburse County for the entire amount of the fine(s).

Appears in 1 contract

Samples: Lease Agreement

Compliance with Stormwater Laws. XxxxxxLicensee’s use of the Premises Facility is subject to all present or future federal, state and local laws, statutes, regulations, ordinances, policies policies, guidelines and guidelines orders (“Stormwater Laws”) regarding the discharge of pollutants into the stormwater conveyance system. LesseeAs applicable to the Licensee’s use of the Facilities, Licensee’s compliance with Stormwater Laws may include requirements for Lessee Licensee to develop, install, implement and maintain pollution prevention measures, source control measures and Best Management Practices (“BMPs”). BMPs can include operational practices, water or pollutant management practices, physical site features, or devices to remove pollutants from stormwater, to affect the flow of stormwater or to infiltrate stormwater to the ground. BMPs applicable to LesseeLicensee’s use of the Premises Facility may include a requirement that all materials, wastes or equipment with the potential to pollute urban runoff be stored in a manner that either prevents contact with rainfall and stormwater, or contains contaminated runoff for treatment and disposal. Lessee Licensee is required to and shall use, operate, maintain, develop, redevelop and retrofit the PremisesFacility, as necessary, in accordance with Stormwater Laws restricting the discharge of non- non-stormwater at or from the Premises Facility and Stormwater Laws requiring pollution prevention measures, source control measures, or the installation or use of BMPs. Lessee Licensee shall develop, install, implement and/or maintain at LesseeLicensee’s sole cost and expense, any BMPs or similar pollution control devices required by Stormwater Laws and any implementing regulations or guidance. Xxxxxx Licensee understands and acknowledges that the Stormwater Laws applicable to LesseeLicensee’s use of the Premises Facility may be changed from time to time by federal, state and/or local authorities, and that additional requirements may become applicable based on changes in LesseeLicensee’s activities or development or redevelopment by Lessee Licensee or County. Lessee Licensee shall conduct annual stormwater training, training and perform regular stormwater self-inspections, and maintain records of all stormwater training and self-inspections and provide all necessary documentation to County upon request. Lessee Licensee shall develop, install, implement, and maintain any additional BMPs and/or other pollution control practices at the Premises Facility at LesseeLicensee’s sole cost and expense. To the extent there is a conflict between any federal, state or local law, Lessee Licensee shall comply with the more restrictive provision. If County receives any fine or fines from any regulatory agency as a result of XxxxxxLicensee’s failure to comply with Stormwater Laws, Xxxxxx Licensee shall reimburse County for the entire amount of the fine(s).

Appears in 1 contract

Samples: License Agreement

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Compliance with Stormwater Laws. XxxxxxLicensee’s use of the Premises is subject to all present or future federal, state and local laws, statutes, regulations, ordinances, policies policies, guidelines and guidelines orders (“Stormwater Laws”) regarding the discharge of pollutants into the stormwater conveyance system. LesseeLicensee’s compliance with Stormwater Laws may include requirements for Lessee Licensee to develop, install, implement and maintain pollution prevention measures, source control measures and Best Management Practices (“BMPs”). BMPs can include operational practices, water or pollutant management practices, physical site features, or devices to remove pollutants from stormwater, to affect the flow of stormwater or to infiltrate stormwater to the ground. BMPs applicable to LesseeLicensee’s use of the Premises may include a requirement that all materials, wastes or equipment with the potential to pollute urban runoff be stored in a manner that either prevents contact with rainfall and stormwater, or contains contaminated runoff for treatment and disposal. Lessee Licensee’s is required to to, and shall use, operate, maintain, develop, redevelop and retrofit the Premises, as necessary, in accordance with Stormwater Laws restricting the discharge of non- non-stormwater at or from the Premises Premises; and Stormwater Laws requiring pollution prevention measures, source control measures, or the installation or use of BMPs. Lessee Licensee shall develop, install, implement and/or maintain at LesseeLicensee’s sole cost and expense, any BMPs or similar pollution control devices required by Stormwater Laws and any implementing regulations or guidance. Xxxxxx Licensee understands and acknowledges that the Stormwater Laws applicable to LesseeLicensee’s use of the Premises may be changed from time to time by federal, state and/or local authorities, and that additional requirements may become applicable based on changes in LesseeLicensee’s activities or development or redevelopment by Lessee Licensee’s or County. Lessee Licensee shall conduct annual stormwater training, training and perform regular stormwater self-inspections, and maintain records of all stormwater training and self-inspections and provide all necessary documentation to County upon request. Lessee Licensee shall develop, install, implement, and maintain any additional BMPs and/or other pollution control practices at the Premises at LesseeLicensee’s sole cost and expense. To the extent there is a conflict between any federal, state or local law, Lessee Licensee shall comply with the more restrictive provision. If County receives any fine or fines from any regulatory agency as a result of XxxxxxLicensee’s failure to comply with Stormwater Laws, Xxxxxx Licensee shall reimburse County for the entire amount of the fine(s).

Appears in 1 contract

Samples: License for Use of County Facilities and Property

Compliance with Stormwater Laws. Xxxxxx’s use of the Premises and Improvements is subject to all federal, state and local laws, statutes, regulations, ordinancesorders, policies and guidelines (“Stormwater Laws”) regarding the discharge of pollutants into the stormwater conveyance system. Lessee’s compliance with Stormwater Laws may include requirements for require Lessee to develop, install, implement and maintain pollution prevention measures, source control measures and Best Management Practices (“BMPs”). BMPs can include operational practices, water or pollutant management practices, physical site features, or devices to remove pollutants from stormwater, stormwater to affect the flow of stormwater or to infiltrate stormwater to the ground. BMPs applicable to Lessee’s use of the Premises or Improvements may include a requirement that all materials, wastes or equipment with the potential to pollute urban runoff be stored in a manner that either prevents contact with rainfall and stormwater, or contains contaminated runoff for treatment and disposal. Lessee is required to to, and shall use, operate, maintain, develop, redevelop and retrofit the PremisesPremises and Improvements, as necessary, in accordance with Stormwater Laws restricting the discharge of non- non-stormwater at or from the Premises or Improvements and Stormwater Laws requiring pollution prevention measures, source control measures, or the installation or use of BMPs. Lessee shall develop, install, implement and/or maintain at Lessee’s sole cost and expense, any BMPs or similar pollution control devices required by Stormwater Laws and any implementing regulations or guidance. Xxxxxx Lessee understands and acknowledges that the Stormwater Laws applicable to Lessee’s use of the Premises or Improvements may be changed from time to time by federal, state and/or local authorities, and that additional requirements may become applicable based on changes in Lessee’s activities or development or redevelopment by Lessee or County. Lessee shall conduct annual stormwater training, training and perform regular stormwater self-inspections, maintain records of all stormwater training and self-inspections inspections, and provide all necessary documentation to County upon request. Lessee shall promptly supply County with copies of notices of violations, notices of non-compliance, or other similar type notices received from regulatory agencies regarding any issues or conditions at the Premises or Improvements related to stormwater and non-stormwater management practices, any discharge in stormwater or non-stormwater from the Premises or Improvements, or any prohibited discharge of non-stormwater from the Premises or Improvements. Lessee shall also provide the County with copies of the final reports Lessee submits to any regulatory agency regarding investigation and/or remediation of stormwater or non-stormwater pollution related issues at the Premises or Improvements and/or prohibited discharges of non-stormwater from the Premises or Improvements. Lessee shall develop, install, implement, and maintain any additional BMPs requested BMPs, corrective actions, and/or other pollution control practices at the Premises or Improvements at Lessee’s sole cost and expense. To the extent there is a conflict between any federal, state State or local law, Lessee shall comply with the more restrictive provision. If County receives any fine or fines from any regulatory agency as a result of Xxxxxx’s failure to comply with Stormwater Laws, Xxxxxx shall reimburse County for the entire amount of the fine(s).

Appears in 1 contract

Samples: Ground Lease Agreement

Compliance with Stormwater Laws. XxxxxxLessee’s use of the Premises is subject to all federal, state and local laws, statutes, regulations, ordinances, policies and guidelines (“Stormwater Laws”) regarding the discharge of pollutants into the stormwater conveyance system. Lessee’s compliance with Stormwater Laws may include requirements for Lessee to develop, install, implement and maintain pollution prevention measures, source control measures and Best Management Practices (“BMPs”). BMPs can include operational practices, water or pollutant management practices, physical site features, or devices to remove pollutants from stormwater, to affect the flow of stormwater or to infiltrate stormwater to the ground. BMPs applicable to Lessee’s use of the Premises may include a requirement that all materials, wastes or equipment with the potential to pollute urban runoff be stored in a manner that either prevents contact with rainfall and stormwater, or contains contaminated runoff for treatment and disposal. Lessee is required to and shall use, operate, maintain, develop, redevelop and retrofit the Premises, as necessary, in accordance with Stormwater Laws restricting the discharge of non- stormwater at or from the Premises and Stormwater Laws requiring pollution prevention measures, source control measures, or the installation or use of BMPs. Lessee shall develop, install, implement and/or maintain maintain, at Lessee’s sole expense, any BMPs or similar pollution control devices required by Stormwater Laws and any implementing regulations or guidance. Xxxxxx Lessee understands and acknowledges that the Stormwater Laws applicable to Lessee’s use of the Premises may be changed from time to time by federal, state and/or local authorities, and that additional requirements may become applicable based on changes in Lessee’s activities or development or redevelopment by Lessee or County. Lessee shall conduct annual stormwater training, perform regular stormwater self-inspections, maintain records of all stormwater training and self-inspections and provide all necessary documentation to County upon request. Lessee shall develop, install, implement, and maintain any additional BMPs and/or other pollution control practices at the Premises at Lessee’s sole expense. To the extent there is a conflict between any federal, state or local law, Lessee shall comply with the more restrictive provision. If County receives any fine or fines from any regulatory agency as a result of XxxxxxLessee’s failure to comply with Stormwater Laws, Xxxxxx Lessee shall reimburse County for the entire amount of the fine(s).

Appears in 1 contract

Samples: Lease Agreement

Compliance with Stormwater Laws. Xxxxxx’s use of the Premises and Improvements is subject to all federal, state and local laws, statutes, regulations, ordinancesorders, policies and guidelines (“Stormwater Laws”) regarding the discharge of pollutants into the stormwater conveyance system. Lessee’s compliance with Stormwater Laws may include requirements for require Lessee to develop, install, implement and maintain pollution prevention measures, source control measures and Best Management Practices (“BMPs”). BMPs can include operational practices, water or pollutant management practices, physical site features, or devices to remove pollutants from stormwater, stormwater to affect the flow of stormwater or to infiltrate stormwater to the ground. BMPs applicable to Lessee’s use of the Premises or Improvements may include a requirement that all materials, wastes or equipment with the potential to pollute urban runoff be stored in a manner that either prevents contact with rainfall and stormwater, or contains contaminated runoff for treatment and disposal. Lessee is required to to, and shall use, operate, maintain, develop, redevelop and retrofit the PremisesPremises and Improvements, as necessary, in accordance with Stormwater Laws restricting the discharge of non- non-stormwater at or from the Premises or Improvements and Stormwater Laws requiring pollution prevention measures, source control measures, or the installation or use of BMPs. Lessee shall develop, install, implement and/or maintain at Lessee’s sole cost and expense, any BMPs or similar pollution control devices required by Stormwater Laws and any implementing regulations or guidance. Xxxxxx Lessee understands and acknowledges that the Stormwater Laws applicable to Lessee’s use of the Premises or Improvements may be changed from time to time by federal, state and/or local authorities, and that additional requirements may become applicable based on changes in Lessee’s activities or development or redevelopment by Lessee or County. Lessee shall conduct annual stormwater training, training and perform regular stormwater self-inspections, maintain records of all stormwater training and self-inspections inspections, and provide all necessary documentation to County upon request. Lessee shall promptly supply County with copies of notices of violations, notices of non-compliance, or other similar type notices received from regulatory agencies regarding any issues or conditions at the Premises or Improvements related to stormwater and non-stormwater management practices, any discharge in stormwater or non-stormwater from the Premises or Improvements, or any prohibited discharge of non-stormwater from the Premises or Improvements. Lessee shall also provide the County with copies of the final reports Lessee submits to any regulatory agency regarding investigation and/or remediation of stormwater or non-stormwater pollution related issues at the Premises or Improvements and/or prohibited discharges of non-stormwater from the Premises or Improvements. Lessee shall develop, install, implement, and maintain any additional BMPs requested BMPs, corrective actions, and/or other pollution control practices at the Premises or Improvements at Lessee’s sole cost and expense. To the extent there is a conflict between any federal, state State or local law, Lessee shall comply with the more restrictive provision. If County receives any fine or fines from any regulatory agency as a result of Xxxxxx’s failure to comply with Stormwater Laws, Xxxxxx shall reimburse County for the entire amount of the fine(s).. 16

Appears in 1 contract

Samples: Ground Lease Agreement

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