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Hazardous Material (as defined below) to be brought upon, kept, used, stored, generated,
<br />released or disposed of in, on, under or about the License Area, or transported to, from or over
<br />the License Area. Licensee shall immediately notify City when Licensee learns of, or has reason
<br />to believe that, a release of Hazardous Material has occurred in, on, under or about any part of
<br />the License Area. Licensee shall further comply with all applicable laws, statutes, ordinances,
<br />rules, regulations, policies, orders, edicts and the like (collectively, "Laws") requiring notice of
<br />such releases or threatened releases to governmental agencies, and shall take all action necessary
<br />or desirable to mitigate the release or minimize the spread of contamination. In the event that
<br />Licensee or its Agents or Invitees cause a release of Hazardous Material, Licensee shall, without
<br />cost to City and in accordance with all Laws and using the highest and best technology available,
<br />promptly return the License Area to the condition immediately prior to the release. In
<br />connection therewith, Licensee shall afford City a full opportunity to participate in any
<br />discussion or negotiations with governmental agencies and environmental consultants regarding
<br />any settlement agreement, cleanup or abatement agreement, consent decree or other compromise
<br />proceeding involving Hazardous Material, and any other abatement or clean-up plan, strategy
<br />and procedure. For purposes hereof, "Hazardous Material' means material that, because of its
<br />quantity, concentration or physical or chemical characteristics, is at any time now or hereafter
<br />deemed 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 limitation,
<br />the following: any material or substance defined as a "hazardous substance, pollutant or
<br />contaminant" pursuant to the Comprehensive Environmental Response, Compensation and
<br />Liability Act of 1980, as amended, 42 U.S.C. Sections 9601 et Eq., or pursuant to Section 25316
<br />of the California Health & Safety Code or any other federal, state, or local Law; a "hazardous
<br />waste" listed pursuant to Section 25140 of the California Health & Safety Code; any asbestos
<br />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
<br />limitation, crude oil or any fraction thereof, natural gas or natural gas liquids, provided, the
<br />foregoing shall not prohibit Licensee from traversing to, from and across the License Area in
<br />standard motor vehicles that do not exceed the weight limitations set forth below. The term
<br />"release" or "threatened release" when used with respect to Hazardous Material shall include
<br />any actual or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging,
<br />injecting, escaping, leaching, dumping, or disposing in, on, under or about the License Area.
<br />(e) Nuisances. Licensee shall not conduct any activities in, on, under or about the
<br />License Area that constitute waste, nuisance or unreasonable annoyance (including, without
<br />limitation, emission of objectionable odors, noises or lights) to City, to the owners or occupants
<br />of neighboring property, or to 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
<br />that could cause damage to or interference with any pipelines, facilities or other property located
<br />in, on, under or about the License Area. Licensee will compensate City for any and all damage
<br />caused to the License Area and facilities resulting from the activities of Licensee and its Agents
<br />and Invitees, including without limitation damage resulting from defective work.
<br />(g) Use of Adioinine Land. Licensee acknowledges that the privilege given under
<br />this License shall be limited strictly to the License Area. Licensee shall not traverse over or
<br />otherwise use any adjoining lands of City.
<br />Rev May 2015
<br />Page 7 of 45
<br />ATTY/AGR/2017.001/SAN FRANCISCO PUBLIC UTILITY COMMISSION/CARSON PERMIT
<br />REV: 01-06-17 VR
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