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(m) Upon the expiration or earlier termination of this Agreement, MiLB shall
<br />return to the County the Facility and all the then existing FF&E, together with any other real or
<br />personal property purchased or paid for with funds provided by the County, free and clear of any
<br />contractual obligations or other legal encumbrances granted by MiLB, except for utility
<br />easements and other encumbrances necessary for the maintenance and operation of the Facility.
<br />If requested by the County following expiration or earlier termination of this Agreement. MiLB
<br />shall provide an unqualified quit claim deed or bill of sale for any real or personal property
<br />associated with this Agreement, including the then existing FF&E, or any other real or personal
<br />property purchased or paid for with funds provided by the County, any abandoned property, or
<br />the Facility.
<br />(n) The Facility shall not be used for the manufacture or storage of flammable,
<br />explosive or Hazardous Materials (as defined below), except for Hazardous Materials typically
<br />found for use or sale in retail stores, including supermarkets and dry cleaning stores, and/or
<br />typically found for use in comparable spring training facilities. For purposes of this Agreement,
<br />"Hazardous Materials" shall mean any containment, chemical, waste, irritant petroleum product,
<br />waste product, radioactive material, flammable or corrosive substance, explosive, poly-
<br />chlorinated biphenyls, asbestos, hazardous toxic substance, material or waste of any kind, or any
<br />other substance that any environmental law regulates. "Hazardous Materials" shall include, but
<br />not be limited to, substances defined as "hazardous substances", "hazardous materials", or "toxic
<br />substances" in the Comprehensive Environmental Response, Compensation and Liability Act of
<br />1980, as amended, 42 U.S.C. Section 9601, et seq.; the Hazardous Materials Transportation Act,
<br />39 U.S.C. Section 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Section
<br />6901 et seq.; all applicable state and local laws; and in the regulations adopted and publications
<br />promulgated pursuant to said laws or any amendments or addenda thereto.
<br />(o) If MiLB pays the rent and complies with all other terms of this Agreement,
<br />MiLB may occupy and enjoy the premises of the Facility for the full Term and any renewals
<br />thereof, subject to the provisions of this Agreement.
<br />ARTICLE V
<br />OPERATIONAL COVENANT
<br />Section 5.01. MiLB Activities. Except if MiLB is prevented from doing so by any of the
<br />events described in Article XV, below, or by a rule, regulation, directive, order, bulletin, or
<br />agreement of Major League Baseball, MiLB shall, each Lease Year during the Term, use its best
<br />efforts to promote baseball and non -baseball sporting events and sports related activities, attract
<br />Major League Baseball, promote playing baseball internationally, and hold meetings and
<br />conferences at the Facility. Except for periods of active maintenance or renovations to the
<br />Facility, MiLB shall maintain, operate and hold the Facility open for business during ordinary
<br />and customary business hours throughout the Term in accordance with the terms and provisions
<br />of this Agreement.
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