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D. Responsibility for Vehicles. LICENSEE shall be solely responsible for all vehicles
<br /> stored by Licensee, its Agents or Invitees (as such terms are defined below) on the
<br /> License Area pursuant hereto, and CITY shall have no duty whatsoever for any vehicle
<br /> or personal property stored on the License Area.
<br /> E. 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 /> 5. Restrictions on Use. LICENSEE agrees that, by way of example only and without
<br /> limitation, the following uses of the License Area 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 disposal in, on,
<br /> under or about the City Property of landfill, refuse, Hazardous Material (as defined
<br /> below) or any other materials, including but not limited to materials that are unsightly or
<br /> could pose a hazard to the human health or safety, native vegetation or wildlife, or the
<br /> environment.
<br /> B. Hazardous Material. LICENSEE shall not cause, nor shall LICENSEE allow any of
<br /> its Agents or Invitees (as such terms are defined below) to cause, any Hazardous
<br /> Material (as defined below) to be brought upon, kept, used, stored, generated, released
<br /> or disposed of in, on, under or about the City Property, or transported to, from or over
<br /> the City Property. LICENSEE shall immediately notify CITY when LICENSEE learns of,
<br /> or has reason to believe that, a release of Hazardous Material has occurred in, on, under
<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 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 seq ., 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 /> REV: 08-30-16 RL
<br /> Page 3 of 13
<br /> ATTY/AG R.2016.245/Lexus
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