COVENANTS BY XXXXXX. The Lessee covenants and agrees with Us, Our Heirs and Successors and with the Minister for Lands as follows —
(a) to pay the rent reserved by this lease in the manner specified in this lease without deduction or abatement;
(b) to duly and punctually pay all present and future rates taxes charges assessments impositions and outgoings which are now or during the Term are payable in respect of or charged upon the leased premises or imposed upon the owner occupier or tenant of the leased premises;
(c) to keep and maintain the leased premises and all buildings structures erections fixtures plant equipment and all improvements whatsoever now or at any time during the Term on the leased premises in good repair and proper working order (fair wear and tear excepted) and to yield up the same in such state of repair and condition to the Minister for Lands at the expiration or sooner determination of this lease and the Lessee agrees that on the expiration of the Term or the sooner determination of the Term all buildings structures or improvements whatsoever then erected on or affixed to the leased premises shall become and remain the absolute property of the Minister for Lands without compensation to the Lessee and the Lessee shall not have any tenant’s rights to those buildings structures or improvements;
(d) to duly and punctually perform observe comply with carry out and conform to the provisions of all statutes for the time being in force and of all rules regulations and by-laws made thereunder and for the time being in force relating to the leased premises;
(e) not to do or leave undone or cause or permit or suffer to be done or left undone in or upon the leased premises or any part of the leased premises any act or thing which may be or become a nuisance damage annoyance or inconvenience to the Minister for Lands or to the occupiers of any of the adjoining or neighbouring land;
(f) to perform discharge and execute all requisitions and works and do and perform all such acts and things upon to in respect of or affecting the leased premises or any part of the leased premises or the operations carried out on the leased premises as are or may be required or directed to be executed or done by the City and by any other Local or Public Authority or by order or in pursuance of any statute (State or Federal) now or hereafter in force or by order or in pursuance of any by-law or regulation under any such statute;
(g) not to do or leave undone or suffer to be done or left ...
COVENANTS BY XXXXXX. 61. Lessee covenants not to sue and agrees not to assert any claims or causes of action against the United States, or its contractors or employees, with respect to Existing Contamination, Payments under Section XI (Payment of Response Costs), and this Settlement, including, but not limited to:
a. any direct or indirect cla im for reimbursement from the EPA Hazardous Substance Superfund through Sections 106(b)(2), 107, 111, 112, or 113 of CERCLA, 42 U.S.C. §§ 9606(b)(2), 9607, 9611, 9612, or 9613, or any other provision of law;
b. any claim arising out of response actions at or in connection with the Site, including any claim under the United States Constitution, the State Constitution, the Xxxxxx Act, 28 U.S.C. § 1491, the Equal Access to Justice Act, 28 U.S.C. § 2412, or at common law; or c. any claim pursuant to Sections 107 and 113 of CERCLA, 42 U.S.C. §§ 9607 and 9613, Section 7002(a) of RCRA, 42 U.S.C. § 6972(a), or state law regarding Existing Contamination, Payments under Section XI (Payment of Response Costs), and this Settlement.
62. These covenants not to sue shall not apply if the United States brings a cause of action or issues an order pursuant to any of the reservations set forth in Section XVI (Reservations of Rights by United States), other than in Paragraph 58.a (liability for failure to meet a requirement of the Settlement), or 58.b (criminal liability), but only to the extent that Xxxxxx’s claims arise from the same response action, response costs, or damages that the United States is seeking pursuant to the applicable reservation.
63. Nothing in this Settlement shall be deemed to constitute approval or preauthorization of a claim within the meaning of Section 111 of CERCLA, 42 U.S.C. § 9611, or 40 C.F.R. § 300.700(d).
64. Lessee reserves, and this Settlement is without prejudice to, claims against the United States, subject to the provisions of Chapter 171 of Title 28 of the United States Code, and brought pursuant to any statute other than CERCLA or RCRA and for which the waiver of sovereign immunity is found in a statute other than CERCLA or RCRA, for money damages for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the United States, as that term is defined in 28 U.S.C. § 2671, while acting within the scope of his or her office or employment under circumstances where the United States, if a private person, would be liable to the claimant in accordance with ...
COVENANTS BY XXXXXX
