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<br /> or about the City Property. LICENSEE shall further comply with all Laws, edicts and the
<br /> like requiring notice of such releases or threatened releases to governmental agencies,
<br /> and shall take all action necessary or desirable to mitigate the release or minimize the
<br /> 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 /> discussion 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. For 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 potential hazard to public health, welfare or
<br /> the enviranment. 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 se ., or pursuant to Section
<br /> 25316 of the California Health & Safety Code or any other federal, state, or local Law; a
<br /> "hazardous waste" listed pursuant to 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 "threatened 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 or about
<br /> the City Property.
<br /> C. Nuisances. LICENSEE shall not conduct any activities in, on, under or about the
<br /> City Property that constitute waste, nuisance or unreasonable annoyance (including,
<br /> without limitation, emission of objectionable odors, noises or lights) 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 Adioinina 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 /> othenwise 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 conne.ction with its use hereunder, LICENSEE
<br /> shall at all times, at its sole cost, maintain the CiYy' Property in a good, clean, safe, secure,
<br /> sanitary and sightly condition. LICENSEE shall not create or permit, nor shall LICENSEE allow
<br /> any of its Agents or Invitees to cause or permit, any unsafe conditions upon the City Property,
<br /> shall promptly report to CITY the discovery of any unsafe conditions, and shall take all actions
<br /> necessary and reasonably appropriate to correct any unsafe conditions. LICENSEE shall erect
<br /> and maintain as reasonably required by existing conditions all reasonable safeguards for safety
<br /> and protection, including posting danger signs, barricades, and other warnings as necessary or
<br /> appropriate with respect to hazards on or about the City Property.
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<br /> ATf`(/AGR/2016.051/601 MARSHALL STREET LICENSE AGREEMENT
<br /> REV:04-18-16 VR
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