RESPONSE AND COMPLIANCE ACTIONS. If the Airport or adjacent property are is contaminated or otherwise damaged or injured by any Solid Waste or Hazardous Materials released or Discharged by Contractor or its employee, agent, sub-contractor, or any other third party under Contractor’s control, Contractor agrees to:
RESPONSE AND COMPLIANCE ACTIONS. If any portion of the Leased Premises or any off-site property is or becomes contaminated or otherwise damaged or injured, as a result of a release of solid waste or Hazardous Material in violation of Laws on, at, or from the Leased Premises by Tenant or by its affiliates, employees, agents, contractors, sublessees, or any other party under Tenant’s direction and control, then Tenant shall (i) notify Landlord of such contamination or damage upon Tenant’s discovery of such contamination or damage, (ii) promptly take reasonable actions to control any such release or contamination, and (iii) promptly take all reasonable actions necessary or required under Laws to mitigate any immediate threat to human health or the environment. Tenant shall thereafter undertake any further repairs or corrective actions, in a timely manner and in full compliance with Laws, as are necessary to remove or remediate contamination in accordance with Laws.
RESPONSE AND COMPLIANCE ACTIONS. Without limiting the indemnity obligations pursuant to this article, if (i) the Premises or other property is or becomes contaminated or otherwise damaged or injured (as is reasonably determined by BOARD or any governmental agency) as a result of a Release of any Solid Waste or any Hazardous Material on, at, or from the Premises or the Airport by TENANT or by its employees, agents, contractors, sublessors, or any other third party under TENANT's direction and control, or (ii) at any time during the Term of this Lease, or as determined by any regulatory compliance audit, environmental testing, investigation, or Concluding Environmental Assessment conducted pursuant to this article, any environmental contaminants or pollutants are discovered in, on, under or from the Premises (a) in excess of allowable levels established by applicable federal, state and local laws and regulations, or (b) that create or threaten to create an immediate or substantial threat to human health or the environment (as is reasonably determined by BOARD or any governmental agency), or (c) that are required to be moved, cleaned up, or remediated by any applicable federal, state, or local law, regulation, code, standard or order, then TENANT at its sole cost and expense shall promptly control any such Release or contamination and shall immediately take all actions necessary or required to mitigate any immediate threat to human health or the environment. TENANT shall then undertake any further repairs or corrective actions, in a timely manner and in full compliance with Environmental Laws, as necessary to remove or remediate contamination, to protect the public health and safety and the environment, and to bring the Premises or other affected property into compliance with all applicable Environmental Laws and other applicable regulatory requirements in effect as of the date thereof. If, as is reasonably determined by the BOARD, TENANT (i) does not take immediate or other timely action as necessary to mitigate or prevent any imminent threat to human health and safety or to the environment, (ii) does not perform or complete all necessary repairs, corrective actions or remediation required pursuant to this article or by applicable Environmental Laws, all within a reasonable time as determined by the BOARD or any government regulatory agency with jurisdiction over the work required herein, or (iii) fails to comply with any applicable Environmental Laws that subject the BOARD, the Cities, or ...
