repair any damage caused by such removal, and surrender and deliver the Facility
<br />(together with any and all required and existing FF&E) in an "as is" condition. Any
<br />personal property or effects not removed within thirty (30) days after the expiration date
<br />of this Agreement or its earlier termination as provided herein will be deemed to have
<br />been abandoned by Verotown, and may be retained or disposed of by the County, in its
<br />sole discretion, in accordance with applicable law.
<br />(1) Upon the expiration or earlier termination of this Agreement, Verotown
<br />shall return to the County the Facility and all the then existing FF&E, together with any
<br />other real or personal property purchased or paid for with funds provided by the County,
<br />free and clear of any contractual obligations or other legal encumbrances granted by
<br />Verotown, except for utility easements and other encumbrances necessary for the
<br />maintenance and operation of the Facility. If requested by the County following
<br />expiration or earlier termination of this Agreement, Verotown shall provide an
<br />unqualified quit claim deed or bill of sale for any real or personal property associated
<br />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
<br />property, or the Facility.
<br />(m) Neither the County nor Verotown will knowingly use the Facility for the
<br />manufacture or storage of flammable, explosive or Hazardous Materials (as defined
<br />below), except for Hazardous Materials typically found for use or sale in retail stores,
<br />including supermarkets and dry-cleaning stores, and/or typically found for use in
<br />comparable spring training facilities. For purposes of this Agreement, "Hazardous
<br />Materials" means any contaminant, chemical, waste, irritant petroleum product, waste
<br />product, radioactive material, flammable or corrosive substance, explosive,
<br />polychlorinated biphenyls, asbestos, hazardous toxic substance, material or waste of any
<br />kind, or any other substance that any environmental law regulates. "Hazardous Materials"
<br />includes, but is not limited to, substances defined as "hazardous substances", "hazardous
<br />materials", or "toxic substances" in the Comprehensive Environmental Response,
<br />Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq.;
<br />the Hazardous Materials Transportation Act, 39 U.S.C. Section 1801, et seq.; the
<br />Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; all applicable
<br />state and local laws; and in the regulations adopted and publications promulgated
<br />pursuant to said laws or any amendments or addenda thereto. The County will, at the
<br />County's sole cost and expense, be responsible for performing any removal, remediation,
<br />cleanup or restoration required as a result of (i) the existence of any Hazardous Materials
<br />on the Facility as of the Effective Date required to be removed, remediated, cleaned up or
<br />restored by order of any federal, state, or local agency, and (ii) the release of any
<br />Hazardous Materials existing on the Facility as of the Effective Date; provided that the
<br />County will not be responsible for performing any removal, remediation, cleanup or
<br />restoration for any Hazardous Materials existing on the Facility as of the Effective Date
<br />that are known or become known to Verotown and negligently or intentionally released
<br />by Verotown. As of the Effective Date, the County hereby represents that it has no
<br />knowledge of any Hazardous Materials existing on the Land or the Facility. Verotown
<br />will, at Verotown's sole cost and expense, be responsible for performing any removal,
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