Common use of Notification of Lead Clause in Contracts

Notification of Lead. Port hereby notifies Licensee of the potential presence of lead-containing and presumed lead-containing materials in the License Area or Facility. Disturbance or removal of lead is regulated by among other Laws, 29 CFR §§ 1910.1025, 1926.62; California Health & Safety Code §§ 105185-105197 and 105250-105257; Cal OSHA Construction Safety Order for Lead, Title 8 CCR § 1532.1; Title 17 CCR Chapter 8; and Port Building Code § 3424. Licensee agrees that its waiver of Claims set forth in Section 14 (Indemnity and Exculpation) is given with full knowledge of the presence, or possibility, of lead in or about the License Area and the potential consequences of such fact. Licensee is aware that the presence, or possibility, of lead in or about the License Area may limit Licensee's ability to use the License Area without Licensee first performing abatement of such lead. The presence of lead in the License Area and the removal or non-removal by Port of all or a portion of the lead, whether in the License Area or elsewhere, shall not, however, (i) entitle Licensee to any Claim, (ii) relieve Licensee of any of its obligations hereunder, including without limitation the obligation to pay License Fees, or (iii) constitute or be construed as a breach of Licensee's rights under this License. Notwithstanding any other provisions of this License, Licensee agrees to defend and Indemnify Port for its acts or omissions that result in (1) lead-related enforcement actions, including both administrative or judicial proceedings, and (2) any Claims for damages arising from an alleged violation of Cal-OSHA Construction Safety Order for Lead and/or exposures to lead.