Concessionaire Responsible. Concessionaire shall obtain all licenses/permissions necessary for, and pay all costs and expenses incurred with respect to, the operation of the Airport Valet Service, it being understood and agreed that City shall not, except as specifically set forth in this Agreement, be required to furnish services of any nature with respect to the operation of the Airport Valet Service, and Concessionaire hereby assumes full and sole responsibility for the supply and payment for all licenses, services and operational costs. This includes, without limitation, all taxes, permit fees, license fees and assessments lawfully levied or assessed upon Concessionaire.
Concessionaire Responsible. Concessionaire owning/operating a UST Facility is solely responsible for, and the Port is not responsible for, the proper installation, operation, maintenance, use, removal or decommissioning of the UST Facility and any immediate or other removal, remediation, restoration and other corrective actions or site closure associated with a release of any Hazardous Substance from the UST Facility. Concessionaire shall manage and conduct all of its activities on, or relating to, the UST Facility and other improvements in the QTA Space: (i) in compliance with Environmental Law, Washington State Department of Ecology‟s Underground Storage Tank Regulations (WAC 173-360), the environmental provisions of this Agreement, the Airport‟s rules and regulations and the Port Standards, and any other applicable laws and regulations relating to the UST Facility; (ii) in cooperation with the Port in the Port‟s efforts to comply with applicable Environmental Law; and (iii) in adherence with Best Management Practices applicable to the Concessionaire‟s use of the Premises. The Concessionaires shall manage and, as appropriate, secure the Premises and its occupation or use of the Premises so as to prevent any violation of Environmental Law by any person on or relating to the Premises. The Operator understands that this Agreement is not a substitute for, but is in addition to, those requirements already imposed upon Concessionaire by laws and regulations applicable to the UST Facility. In the event of a conflict between any provisions of this Agreement or Environmental Law, the more stringent provisions shall govern.
Concessionaire Responsible. Without limiting other provisions of this Article XXII (Hazardous Substances) or any other provisions of this Agreement, Concessionaire shall be responsible for the proper disposal of all materials, construction and demolition debris, soil, and other waste generated by the business operations of Concessionaire, and its respective officers, agents, employees, contractors, guests, invitees, or licensees, including, but not limited to, the construction of capital improvements, or any activities as set forth in this Agreement, all in accordance with Environmental Laws. Concessionaire shall identify to the State any disposal site or transfer station for materials, debris, soil, or other waste of which Concessionaire is disposing, prior to its disposal, and shall complete and execute any form required by the State identifying such site or station. Concessionaire shall not use or allow to be used for disposal or transfer any site or station not properly licensed. Any substitution, for whatever reason, shall be at Concessionaire's cost. Concessionaire shall pay the cost to remove waste to a properly licensed site or station. Concessionaire shall haul materials, including, but not limited to, fuel of any nature, any construction debris, soil, and other wastes in vehicles and containers complying with all applicable Environmental Laws.
Concessionaire Responsible. If State shall, without any fault, be made a party to any litigation initiated by or against Concessionaire arising out of Concessionaire's operation of this Concession, Concessionaire shall indemnify, defend, and keep and hold harmless and if appropriate or necessary, insure State and State's officers, employees, and agents, from and against any all claims, demands, actions, suits, causes of action, judgments, injunctions, decisions, orders, liabilities, losses, damages, costs, and expenses arising out of or related to any such litigation, including, without limitation, paying any and all costs, charges, and reasonable attorneys' fees incurred or imposed on State in connection with such litigation. In any action by State for recovery of any sum due under this Agreement, or to enforce any of the terms, covenants, or conditions contained in this Agreement, State shall be entitled to recover all costs, fees, charges, and attorneys' fees incurred or imposed on State in connection with such actions.
Concessionaire Responsible. The Concessionaire shall be responsible for all capital improvements with respect to the System required to be completed during the Term in accordance with the terms of this Agreement, including as required by the Operating Standards and by Change of Law, which capital improvements include, without limitation, the Major Capital Improvements. The Concessionaire may undertake at its sole cost and expense and subject to the Approval of the Authority, the expansion of the System for the provision of Utility Services subject to the provisions of Section 3.21 regarding the expansion of sewerage treatment capacity.
