Periodic Monitoring; Surrender. Permittee regularly shall monitor and inspect the Assigned Space and all activities thereon with the objectives of discovering any Toxic Material that Permittee is required under the terms of this Section 32 to Clean-up or to remove upon the expiration or earlier termination of the Term and of making reasonable and adequate provisions for assuring that removal of any Toxic Materials is accomplished before such expiration or earlier termination. This subsection is not intended to and shall not be construed to delay any Clean-up that is required by Laws or other provision of this Section 32 to be undertaken before expiration or earlier termination of the Term. In all cases where reasonably possible, before such expiration or earlier termination, and in all other cases promptly after the scheduled date of the expiration or earlier termination of the Term, Permittee shall take any and all action required to be taken under this Section 32 and the Laws in order to (i) surrender the Assigned Space to Port in a condition which would be completely free of any and all Toxic Materials for which Permittee has Clean-up responsibility under this Agreement, and (ii) close or remove any storage tanks in, on or under the Assigned Space installed or operated by Permittee or any Permittee Representative unless an alternative arrangement has been approved by Port’s Executive Director or Deputy Executive Director in the exercise of his or her sole discretion (said items (i) and (ii) herein referred to as “Agreement Closure”).
Periodic Monitoring; Surrender. Airline regularly shall monitor and inspect all of its activities on the Airport with the objectives of discovering any Toxic Material that Airline is required under the terms of this Article 9 to Clean-up or to remove upon expiration or termination of the Agreement and of making reasonable and adequate provisions for assuring that removal of any Toxic Materials is accomplished before such expiration or termination. This Section is not intended to and shall not be construed to delay any Clean-up that is required by Environmental Laws or other provision of this Article 9 to be undertaken before expiration or termination of the Agreement. In all cases where reasonably possible, before expiration or termination of this Agreement, and in all other cases promptly after the scheduled date of expiration or termination of this Agreement, Airline shall take any and all action required to be taken under this Article 9 and the Environmental Laws in order to (i) surrender the Airport property to the Port in a condition which would be free of Toxic Materials released by Airline or its Representatives or for which Airline has Clean-up responsibility under this Agreement, and (ii) close or remove any storage tanks in, on or under the Airport property installed or operated by Airline or any Airline Representative, unless an alternative arrangement has been approved by the Executive Director or the Deputy Executive Director of the Port in the exercise of his or her sole discretion (said items (i) and (ii) herein referred to as “Agreement Closure”). Notwithstanding the foregoing, if subsequent to the completion of any Clean-up by Airline of Toxic Materials for which Airline has Clean-up responsibility under this Agreement, the Port becomes legally obligated to perform additional Clean-up of such Toxic Materials, then Port shall give Airline written notice and a reasonable opportunity to perform such additional Clean-up in accordance with the requirements of all applicable Environmental Laws. If Airline fails, within 30 days after such written notice, to commence and thereafter to diligently pursue such additional Clean-up to completion to the satisfaction of the Port and the applicable governmental authority that ordered such additional Clean-up, the Port shall have the right, after written notice to Airline, to complete such additional Clean-up in accordance with the requirements of all applicable Environmental Laws at Airline’s expense.
