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(b) Trees and Other Plantines. Licensee shall not plant any trees or other vegetation in or
<br />on the License Area, except as otherwise expressly provided in this License and except in accordance
<br />with detailed plans consistent with SFPUC's Vegetation Management Policy, which may be amended
<br />from time to time and as approved by SFPUC in writing in advance.
<br />(c) Dumping. Licensee shall not cause or permit the dumping or other disposal in, on,
<br />under, or about the License Area of landfill, refuse, Hazardous Material (as defined below), or any other
<br />materials, including but not limited to materials that are unsightly or could pose a hazard to the human
<br />health or safety, native vegetation or wildlife, or the environment.
<br />(d) Hazardous Material. Licensee shall not cause, nor shall Licensee allow any of its
<br />Agents or Invitees (as such terms are defined in Section 19 (Indemnity) below) to cause, any Hazardous
<br />Material (as defined below) to be brought upon, kept, used, stored, generated, released, or disposed of in,
<br />on, under, or about the License Area, or transported to, from, or over the License Area. Licensee shall
<br />immediately notify City when Licensee learns of, or has reason to believe that, a release of Hazardous
<br />Material has occurred in, on, under, or about any part of the License Area. Licensee shall further comply
<br />with all applicable laws, statutes, ordinances, rules, regulations, policies, orders, edicts, and the like
<br />(collectively, "Laws") 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 spread of
<br />contamination. If Licensee or its Agents or Invitees cause a release of Hazardous Material, Licensee shall
<br />promptly return the License Area to the condition immediately prior to the release, without cost to City, in
<br />accordance with all Laws, and using the highest and best technology available. In connection with such
<br />remedial action, Licensee shall afford City a full opportunity to participate in any discussion or
<br />negotiations with governmental agencies and environmental consultants regarding any settlement
<br />agreement, cleanup or abatement agreement, consent decree, or other compromise proceeding involving
<br />Hazardous Material, and any other abatement or cleanup plan, strategy, and procedure. For purposes of
<br />this License, "Hazardous Material" means material that, because of its quantity, concentration, or
<br />physical or chemical 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 the environment.
<br />Hazardous Material includes, without limitation, the following: any material or substance defined as a
<br />"hazardous substance, pollutant or contaminant" pursuant to the Comprehensive Environmental
<br />Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sections 9601 et seg., or
<br />pursuant to Section 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 & Safety Code; any
<br />asbestos and asbestos containing materials whether or not such materials are part of the License Area or
<br />are naturally occurring substances in the License Area; and any petroleum, including, without limitation,
<br />crude oil or any crude -oil fraction, natural gas, or natural gas liquids, provided, the foregoing shall not
<br />prohibit Licensee from traversing to, from, and across the License Area in standard motor vehicles that do
<br />not exceed the weight limitations set forth below. The term "release" or "threatened release" when used
<br />with respect to Hazardous Material shall include any actual or imminent spilling, leaking, pumping,
<br />pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing in, on,
<br />under, or about the License Area.
<br />(e) Nuisances. Licensee shall not conduct any activities in, on, under, or about the License
<br />Area that constitute waste, nuisance, or unreasonable annoyance (including, without limitation, emission
<br />of objectionable odors, noises, or lights) to City, to the owners or occupants of neighboring property, or to
<br />the public, or that constitute waste or nuisance per se.
<br />(f) Damage. Licensee shall not do anything in, on, under, or about the License Area that
<br />could cause damage to or interference with any pipelines, facilities, or other property located in, on,
<br />under, or about the License Area. Licensee will compensate City for any and all damage caused to the
<br />License Area and City facilities resulting from the activities of Licensee and its Agents and Invitees,
<br />including without limitation, damage resulting from defective work.
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<br />Rev May 2016
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