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spread of contamination. In the event that LICENSEE or its Agents or Invitees cause a
<br /> release of Hazardous Material, LICENSEE shall, without cost to CITY and in accordance
<br /> with all Laws and using the highest and best technology available, promptly return the
<br /> City Property to the condition immediately prior to the release. In connection therewith,
<br /> LICENSEE shall afford CITY a full opportunity to negotiate and participate in any
<br /> discussian with governmental agencies and environmental consultants regarding any
<br /> settlement agreement, cleanup or abatement agreement, consent decree or other
<br /> compromise proceeding involving Hazardous Material, and any other abatement or
<br /> clean-up plan, strategy and procedure. Far purposes hereof, "Hazardous Material"
<br /> means material that, because of its quantity, concentration or physical or chemical
<br /> characteristics, is at any time now or hereafter deemed by any federal, state or local
<br /> governmental authority to pose a present or patential hazard to public health, welfare or
<br /> the environment. Hazardous Material includes, without limitation, the following: any
<br /> material or substance defined as a "hazardous substance, pollutant or contaminant"
<br /> pursuant to the Comprehensive Environmental Response, Compensation and Liability
<br /> Act of 1980, as amended, 42 U.S.C. Sections 9601 et sea., or pursuant to Section
<br /> 25316 af the California Health & Safety Gode or any other federal, state, or local Law; a
<br /> "hazardous waste" listed pursuant ta Section 25140 of the California Health & Safety
<br /> Code; any asbestos and asbestos containing materials whether or not such materials
<br /> are part of the City Property or are naturally occurring substances in the City Property;
<br /> and any petroleum, including, without limitation, crude oil or any fraction thereof, natural
<br /> gas or natural gas liquids, provided, the foregoing shall not prohibit LICENSEE from
<br /> traversing to, from and across the City Property in standard motor vehicles. The term
<br /> "release" or "#hreatened release" when used with respect to Hazardous Material shall
<br /> include any actual or imminent spilling, leaking, pumping, pouring, emitting, emptying,
<br /> discharging, injecting, escaping, leaching, dumping, or disposing in, on, under ar about
<br /> the City Property.
<br /> C. Nuisances. LICENSEE shall not conduct any activities in, on, under or abaut the
<br /> City Property that constitute waste, nuisance or unreasonable annoyance (including,
<br /> without limitation, emission of objectionable odors, noises or tights) to CITY, to the
<br /> owners or occupants of neighboring property, or to the public, or that constitute waste or
<br /> nuisance per se.
<br /> D. Use of Adioininq Land. LICENSEE acknowledges that the privilege given under this
<br /> license shall be limited strictly to the License Area. LICENSEE shall not traverse over or
<br /> otherwise use any adjoining lands owned by CITY but not within any public right-of-way,
<br /> street or sidewalk.
<br /> 6. Covenant to Maintain Citv Propertv. In connection with its use hereunder, LICENSEE
<br /> shall at all times, at its sole cost, maintain the Gity Property in a good, clean, safe, secure,
<br /> sanitary and sightly condition. LICENSEE shall not create or permit any unsafe canditions upon
<br /> the City Property, shall promptly report to CITY the discovery of any unsafe conditions, and shall
<br /> take all actions necessary and reasonably appropriate to correct any unsafe conditions.
<br /> LICENSEE shall erect and maintain as reasonably required by existing conditions all reasonable
<br /> safeguards for safety and protection, including posting danger signs, barricades, and other
<br /> warnings as necessary ar appropriate with respect to hazards on or about the City Property.
<br /> 7. Removal or Alteratian of Facilities. Without limiting CITY's rights hereunder,
<br /> LICENSEE shall promptly, at CITY's written request, alter or remove at its sole expense any and
<br /> all facilities, improvements, plantings or other praperty installed or placed in, on, under ar about
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