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parties for use of the Property as long as such use does not unreasonably interfere with, alter
<br />and is not inconsistent with the Permitted Alterations and the use of the Public Access Trail.
<br />E. Responsibility for Personal Pronertv. LICENSEE shall be solely responsible for any
<br />personal property kept on the City Property pursuant hereto, and CITY shall have no duty
<br />whatsoever for any personal property kept on the City Property.
<br />F. Revocabilitv. LICENSEE acknowledges and agrees that the installation of any
<br />improvements or facilities pennitted 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 City Property by LICENSEE, or any other person claiming
<br />by or through LICENSEE, are inconsistent with the limited purpose of this license and are
<br />strictly prohibited as provided below:
<br />A. Dumping. LICENSEE shall not cause or permit the dumping or other disposal in,
<br />on, under or about the City Property of landfill (except as shown in plans for Permitted
<br />Alterations), refuse, Hazardous Material (as defined below) or any other materials, including
<br />but not limited to materials that are unsightly or could pose a hazard to the human health or
<br />safety, native vegetation or wildlife, or the 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 or
<br />disposed of in, on, under or about the City Property, or transported to, from or over the
<br />City Property. LICENSEE shall immediately notify CITY when LICENSEE learns of, or
<br />has reason to believe that, a release of Hazardous Material has occurred in, on, under or
<br />about the City Property. LICENSEE shall further comply with all Laws, edicts and the like
<br />requiring notice of such releases or threatened releases to governmental agencies, and shall
<br />take all action necessary or desirable to mitigate the release or minimize the spread of
<br />contamination. In the event that LICENSEE or its Agents or Invitees cause a release of
<br />Hazardous Material, LICENSEE shall, without cost to CITY and in accordance with all
<br />Laws and using the highest and best technology available, promptly return the City Property
<br />to the condition immediately prior to the release. In connection therewith, LICENSEE
<br />shall afford CITY a full opportunity to negotiate and participate in any discussion with
<br />governmental agencies and environmental consultants regarding any settlement agreement,
<br />cleanup or abatement agreement, consent decree or other compromise proceeding involving
<br />Hazardous Material, and any other abatement or clean-up plan, strategy and procedure. For
<br />purposes hereof, "Hazardous Material" means material that, because of its quantity,
<br />concentration or physical or chemical characteristics, is at any time now or hereafter deemed
<br />by any federal, state or local governmental authority to pose a present or potential hazard
<br />to public health, welfare or the environment. Hazardous Material includes, without
<br />limitation, the following: any material or substance defined as a "hazardous substance,
<br />pollutant or contaminant" pursuant to the Comprehensive Environmental Response,
<br />Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sections 9601 et seq., or
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<br />REV: 05-01-1715
<br />ATTY/AGR/2017.074/BLU HARBOR LICENSE AGREEMENT
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