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6.3.A. - Page 74
<br /> (2) signage, pavement and paving work, lighting and other temporary roadway improvements
<br /> reasonably approved by CITY.
<br /> Except as expressly provided above with respect to the Permitted Facilities, LICENSEE shall
<br /> not make any alterations, additions, improvements or other changes without CITY's prior
<br /> written consent, which CITY may withhold in its sole and absolute discretion. The Permitted
<br /> Facilities, and all other alterations, additions, improvements or other changes on or with
<br /> respect to the Winslow Lot for which the consent of the CITY has been secured are hereinafter
<br /> collectively referred to as the "Alterations." All such Alterations shall be made in accordance
<br /> with all applicable Laws, in a good and workmanlike manner, and at the sole cost and expense
<br /> of LICENSEE. Upon termination of this License, at CITY's request, LICENSEE shall remove
<br /> all Alterations, if any. No compensation shall be owed to LICENSEE in any event for any
<br /> Alterations made by LICENSEE to the Winslow Lot. Any damage caused by the installation
<br /> or removal of Alterations shall be repaired by Licensee at its sole cost and expense, as
<br /> reasonably required to restore the Winslow Lot to substantially the same condition as it was
<br /> in on the date of this Agreement.
<br /> C. Responsibility for Vehicles and Personal Property. LICENSEE shall be solely
<br /> responsible for all vehicles and personal property stored on the Winslow Lot pursuant hereto,
<br /> and CITY shall have no duty whatsoever for any vehicle or personal property stored on the
<br /> Winslow Lot.
<br /> D. Revocability. LICENSEE acknowledges and agrees that the installation of any
<br /> improvements or facilities permitted hereunder, regardless of cost, shall not in any way
<br /> whatsoever limit CITY's right to revoke this License pursuant to the terms hereof or any of
<br /> CITY's other rights hereunder.
<br /> 3. Restrictions on Use. LICENSEE agrees that, by way of example only and without
<br /> limitation, the following uses of the Winslow Lot by LICENSEE, or any other person claiming by
<br /> or through LICENSEE, are inconsistent with the limited purpose of this License and are strictly
<br /> prohibited as provided below:
<br /> A. Dumping. LICENSEE shall not cause or permit the dumping or other
<br /> disposal in, on, under or about the Winslow Lot of landfill, refuse, Hazardous
<br /> Material (as defined below) or any other materials, including but not limited to
<br /> materials that are unsightly or could pose a hazard to the human health or safety,
<br /> native vegetation or wildlife, or the environment.
<br /> B. Hazardous Material. LICENSEE shall not cause, nor shall LICENSEE allow
<br /> any of its agents or invitees (as such terms are defined below) to cause, any
<br /> Hazardous Material (as defined below) to be brought upon, kept, used, stored,
<br /> generated, released or disposed of in, on, under or about the Winslow Lot, or
<br /> transported to, from or over the Winslow Lot. LICENSEE shall immediately notify
<br /> CITY when LICENSEE learns of, or has reason to believe that, a release of
<br /> Hazardous Material has occurred in, on, under or about the Winslow Lot.
<br /> LICENSEE shall further comply with all laws, statutes, ordinances, rules,
<br /> regulations, policies, orders, edicts and the like requiring notice of such releases
<br /> or threatened releases to governmental agencies, and shall take all action
<br /> necessary or desirable to mitigate the release or minimize the spread of
<br /> contamination. In the event that LICENSEE or its agents or invitees cause a
<br /> release of Hazardous Material, LICENSEE shall, without cost to CITY, promptly
<br /> ATTY/AGR/2015.146.1/HAMILTON-WINSLOW DDA—LICENSE AGREEMENT
<br /> REV: 10-21-15 VR;GGB Redline 9-29-15 Page3 of 12
<br /> 82483.00019\20598842.2
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