COMPLIANCE WITH ENVIRONMENTAL LAWS

6.1 Definitions For purposes of the Terms and Conditions, the following defined terms shall have the following meanings: A. "Environmental Law" or "Environmental Laws" means applicable laws, ordinances, statutes, rules and regulations of local, state and federal entities, including any lawful regulations of the Authority (whether now existing or hereinafter enacted or promulgated, as they may be amended from time to time) pertaining to environmental matters, spill prevention, contamination, cleanup or disclosures, and any judicial or administrative interpretations thereof, including any judicial or administrative order or judgments, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601 et seq., ("CERCLA" or "Superfund"); the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq. ("RCRA"); the Clean Water Act, 33 U.S.C. §§ 1251 et seq. ("CWA"); the Safe Drinking Water Act (14 U.S.C. § 401 et seq.); the Clean Air Act, 42 U.S.C. §§ 7401 et seq.; the Toxic Substances Control Act, 15 U.S.C. §§ 2601 et seq. ("TSCA"); the Hazardous Materials Transportation Act, 49 U.S.C. §§ 100 et seq. ("HMTA"); the Environmental Policy Act of Puerto Rico, Act No. 9 of June 18, 1970, or any other applicable federal or state statute or municipal ordinance regulating the generation, storage, use, containment, release or disposal of any Hazardous Substances or providing for the protection, preservation or enhancement of the natural environment; any rules or regulations promulgated pursuant to any of the foregoing statutes or ordinances, including but not limited to laws relating to groundwater and surface water pollution, air pollution, transportation, storage and disposal of oil and hazardous wastes, substances and materials, storm water drainage and underground and above ground storage tanks, and any amendments, modifications or supplements of any such statutes, ordinances, rules and regulation. B. "Hazardous Substance" or "Hazardous Substances" means any substance or material defined or designated as a hazardous waste, toxic substance, or other pollutant or contaminant by any Environmental Law, including, but not limited to, jet fuel, aviation gasoline, gasoline and other petroleum products. C. "Release" or "Released" means any spilling, leaking, pumping, pouring, emitting, discharging, leaching, dumping or disposing of Hazardous Substances into or on any property or the environment. {A0081207.2} 6.2 Restrictions on Hazardous Substances. An Airline shall not allow the Release by Airline on any Regional Airport of any Hazardous Substance that is in violation of any Environmental Law. An Airline shall not allow any Hazardous Substance first Released by Airline on any Regional Airport during the Airline's operations at such Regional Airport to migrate off such Regional Airport or allow the Release, by Airline, of any Hazardous Substances into adjacent surface water, soils, underground waters or air in violation of any Environmental Law. At the reasonable written request of the Authority, Airline shall provide the Authority with the Airline's USEPA Waste Generator Number and any other information reasonably requested by the Authority. An Airline shall promptly notify the Authority in writing and orally should the Airline become aware of: (1) any Release by Airline of any Hazardous Substances on any real property at, adjoining, or in the vicinity of, any Regional Airport in violation of any Environmental Law; (2) any notice given to the Airline from a regulatory agency or any third party with respect to any Release or threat of Release of any Hazardous Substances with respect to any Regional Airport; (3) the commencement of any litigation or any information relating to any threat of litigation relating to any alleged Release by Airline of any Hazardous Substances or other environmental contamination, liability or problem with respect to any Regional Airport; or (4) any enforcement notice provided to the Airline from any regulatory agency regarding Hazardous Substances at any Regional Airport and any correspondence from Airline with any regulatory agency regarding Hazardous Substances at such Regional Airport. In the event that any notice or correspondence is received or issued by an Airline pursuant to this Section 6.2, such Airline shall provide the Authority with a copy of such notice or correspondence upon such receipt or issuance. In addition to any remedy provided to Authority at law or in equity, the Authority shall be entitled to full reimbursement from the Airline whenever the Authority reasonably incurs any costs attributable to such Airline's Release of Hazardous Substances at any Regional Airport, including but not limited to costs of cleanup or other remedial activities, fines or penalties assessed against the Authority, reasonable attorney fees, disbursements, court costs, and expert fees, and injuries to third persons or other properties in accordance with applicable laws and regulations. 6.3 Compliance and Remediation An Airline shall at all times conduct its business at the Regional Airports in compliance with all applicable Environmental Laws. In the event that an Airline is in violation of any Environmental Law concerning the presence, use, Release or threat of Release of Hazardous Substances or any other Environmental Law (whether or not pertaining to Hazardous Substances), such Airline shall, within reasonable time, take such action as is reasonably necessary to remedy and cure the violation. 6.4 Remedies If an Airline, because of actions that occur during the period under which such Airline is operating at any Regional Airport, is in violation of any Environmental Law concerning Hazardous Substances at such Regional Airport and such Airline does not act, within reasonable time, to take such action as is reasonably necessary to remedy and cure the violation, the Authority has the right, but not the obligation, to act in place of such Airline (the Airline hereby appoints the Authority as its agent for such purposes) and to take such action reasonably {A0081207.2} necessary to cure the violation. If the Authority has a reasonable belief that such Airline's actions or inactions present a threat of violation or a threat of damage to such Regional Airport or harm to the public, the Authority reserves the right to enter onto the portion of such Regional Airport used by such Airline and take such corrective or mitigation action as the Authority deems reasonably necessary. All reasonable costs and expenses incurred by the Authority in connection with any such actions, to the extent caused by Airline's violation of Environmental Law, shall become due and payable by the Airline thirty (30) days after presentation of an invoice. Nothing in the Terms and Conditions shall reduce or otherwise limit the Authority's rights and remedies with respect to environmental contamination that predates the effective date of the Terms and Conditions. 6.5 Vacating of a Regional Airport Prior to vacating any Regional Airport, in addition to all other requirements under the Terms and Conditions, an Airline shall, as required by applicable Environmental Laws, remove any Hazardous Substances placed on such Regional Airport by the Airline during the period which the Airline is operating at such Regional Airport, or as a result of such Airline's use or occupancy of such Regional Airport, and shall demonstrate such removal to the Authority's reasonable satisfaction. This removal and demonstration shall be a condition precedent to the Authority's return of any portion of the Security Deposit to Airline upon termination of such Airline's operations at such Regional Airport. 6.6 Environmental Indemnity Without limiting any of Airline's other indemnity obligations under the Terms and Conditions, and except for Excluded Environmental Claims, as hereinafter defined, Airline shall be required to defend, indemnify and hold harmless the Authority from and against any and all claims, causes of action, regulatory demands, liabilities, fines, penalties, losses, and expenses, including without limitation clean-up or other remedial costs (and including reasonable attorneys' fees, disbursements, court costs and expert fees), arising from the Release by Airline of any Hazardous Substance from any Regional Airport to other properties or into the surrounding environment or from any other violation of applicable Environmental Laws, whether made, commenced or incurred during the Airline's operations at such Regional Airport, or made, commenced or incurred after the termination of Airline's operations at such Regional Airport, directly attributable to Airline's actions at such Regional Airport during the period that the Airline is operating at such Regional Airport. For purposes of this Section, "Excluded Environmental Claims" shall mean any claims, causes or action, demands, liabilities, fines, penalties, costs, expenses or any other liabilities, to the extent caused by or arising from (A) the migration of Hazardous Substances Released prior to the commencement of the Airline's operations at a Regional Airport not attributable to the Airline or the Airline's activities on such Regional Airport; or (B) the movement of Hazardous Substances onto or under any Regional Airport from other premises due to leaching or the flow of groundwater, provided that Airline is not otherwise responsible for the off-Airport Release that introduced the migrating Hazardous Substances into the environment. The provisions of this Section 6.6 shall survive the termination of an Airline's operations at any Regional Airport. {A0081207.2}