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2005058'75 <br />maintenance, construction, or other contractor to obtain insurance coverage. Each party, may, if <br />it shall elect to do so, insure its interest in personal property or structures on the Demised Land <br />including but not limited to the Facility. <br />3. The United States, under the provisions of Federal law, self - insures all such <br />exposures described therein and is financially capable of retaining these losses should they occur. <br />If there is a liability loss under the provisions of any agreement signed by an agency of the <br />Federal Government, a claim may be filed with the United States and, if approved, will be paid <br />from Federal Funds. The United States retains all rights and immunities under Federal law. <br />Subsection 8.03 Destruction of Premises. <br />If the Facility is partially or totally destroyed or damaged, the Department, within six (6) <br />months of the damage, shall decide whether or not to proceed with restoration. If the Department <br />elects not to restore the property, this Agreement shall then be canceled without future obligation. If <br />the Facility is not rebuilt, the Department shall remove all debris and improvements. The <br />Department, in its discretion, may leave in place such items that the Authority requests be left in <br />place and ownership shall be transferred according to law. <br />Subsection 8.04 Environmental Impairment. <br />1. The Department agrees to comply with all federal, state and local environmental <br />statutes, rules and regulations affecting its operations throughout the term of the lease (specifically <br />including but not limited to noise - related requirements in accordance with 14 CFR Part 150 ). In <br />the interest of public health and sanitation and welfare, and so that the Demised Land and all of <br />the land in the same locality may be benefited by a decrease in the hazards to ground water and <br />other pollution and by the protection of water supplies, recreation, wildlife and other public uses <br />thereof, the Department agrees not to engage in any use of the Demised Land for any purpose <br />that would result in the intentional pollution of the environment or any waterway or ground water <br />that flows through, adjacent to or under the Demised Land by refuse, sewage, industrial or <br />hazardous wastes, pollutants, chemicals or any other materials. The Department shall capture and <br />properly dispose of all waste oil, fuel and other contaminants and shall NOT dispose of or permit <br />the intentional discharge of any such fluids into the storm water drainage inlets. The Department <br />shall prepare a drainage plan for the Demised Land (subject to Authority approval) and shall <br />comply with the drainage plan. Any discharge in violation of this Agreement, federal, state, or local <br />law, shall be IMMEDIATELY reported to the airport Executive Director. <br />2. Each Party shall be individually responsible for any fines, penalties, fees or costs <br />accessed against their respective agency under this Subsection, and nothing in this agreement shall <br />be considered an indemnity by one party of the other party for the any fines, penalties, fees, or cost <br />accessed under this Subsection. The Department shall, if funds are appropriated and as permitted <br />by law, complete all necessary cleanup and remediation, and pay all costs, fees, fines or other <br />