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6.3.A. - Page 75
<br /> remediate the Winslow Lot to the condition immediately prior to the release in
<br /> accordance with all applicable regulatory requirements and Project Approvals. In
<br /> connection therewith, LICENSEE shall afford CITY a full opportunity to negotiate
<br /> and participate in any discussion with governmental agencies and environmental
<br /> consultants regarding any settlement agreement, cleanup or abatement
<br /> agreement, consent decree or other compromise proceeding involving Hazardous
<br /> Material, and any other abatement or clean-up plan, strategy and procedure. For
<br /> purposes hereof, "Hazardous Material" means material that, because of its
<br /> quantity, concentration or physical or chemical characteristics, is at any time now
<br /> or hereafter deemed by any federal, state or local governmental authority to pose
<br /> a present or potential hazard to public health, welfare or the environment.
<br /> Hazardous Material includes, without limitation, the following: any material or
<br /> substance defined as a "hazardous substance, pollutant or contaminant" pursuant
<br /> to the Comprehensive Environmental Response, Compensation and Liability Act
<br /> of 1980, as amended, 42 U.S.C. Sections 9601 et seq., or pursuant to Section
<br /> 25316 of the California Health & Safety Code or any other federal, state, or local
<br /> Law; a "hazardous waste" listed pursuant to Section 25140 of the California Health
<br /> & Safety Code; any asbestos and asbestos containing materials whether or not
<br /> such materials are part of the Winslow Lot or are naturally occurring substances in
<br /> the Winslow Lot; and any petroleum, including, without limitation, crude oil or any
<br /> fraction thereof, natural gas or natural gas liquids, provided, the foregoing shall not
<br /> prohibit LICENSEE from traversing to, from and across the Winslow Lot in
<br /> standard motor vehicles, trucks or construction vehicles or from conducting the
<br /> Activities on or about the Winslow Lot in accordance with all Laws. The term
<br /> "release" or "threatened release" when used with respect to Hazardous Material
<br /> shall include any actual or imminent spilling, leaking, pumping, pouring, emitting,
<br /> emptying, discharging, injecting, escaping, leaching, dumping, or disposing in, on,
<br /> under or about the Winslow Lot.
<br /> C. Nuisances. LICENSEE shall not conduct any activities in, on, under or
<br /> about the Winslow Lot that constitute waste or nuisance (including, without
<br /> limitation, emission of objectionable odors, noises or lights) to CITY, to the owners
<br /> or occupants of neighboring property, or to the public, or that constitute waste or
<br /> nuisance per se. The Activities authorized under this Agreement shall not
<br /> constitute waste or nuisance per se.
<br /> D. Ponding; Water Courses. LICENSEE shall not cause any ponding on the
<br /> Winslow Lot or any flooding on adjacent lands. LICENSEE shall not engage in
<br /> any activity that causes any change, disturbance, fill, alteration or impairment to
<br /> the bed, bank, or channel of any natural water course, wetland, or other body of
<br /> water on, in, under or about the Winslow Lot, nor shall LICENSEE engage in any
<br /> activity that could pollute or degrade any surface or subsurface waters or result in
<br /> the diminution or drainage of such waters.
<br /> 4. Term of License. Subject to the last paragraph of this Section 4, the privilege conferred
<br /> to LICENSEE for the surface use of the Winslow Lot pursuant to this Agreement shall be for a
<br /> term (the"Initial Term"), commencing on the Commencement Date and expiring on May 31, 2016
<br /> ("Expiration Date"), provided, however, that upon the written request of LICENSEE, the term
<br /> may be extended by the City Manager of CITY, in his or her sole and absolute discretion, for up
<br /> to six(6)months(the"Extended Term"). Notwithstanding the foregoing, LICENSEE understands
<br /> that CITY intends to engage in negotiations with a third party for the disposition and development
<br /> ATTY/AGR/2015.146.1/HAMILTON-WINSLOW DDA—LICENSE AGREEMENT
<br /> REV: 10-21-15 VR;GGB Redline 9-29-15 Page4 of 12
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