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<br /> C. Responsibility for Vehicles and Personal Property. LICENSEE shall be solely
<br /> responsible for all vehicles and personal property stored on the License Area pursuant
<br /> hereto, and CITY shall have no duty whatsoever for any vehicle or personal property stored
<br /> on the License Area.
<br /> D. 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 /> 3. 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
<br /> disposal in, on, under or about the License Area of landfill, refuse, Hazardous
<br /> Material (as defined below) or any other materials, including but not limited to
<br /> materials that are unsightly or could pose a hazard to the human health or safety,
<br /> native vegetation or wildlife, or the environment.
<br /> B. Hazardous Material. LICENSEE shall not cause, nor shall LICENSEE
<br /> allow any of its agents or invitees (as such terms are defined below) to cause,
<br /> any Hazardous Material (as defined below) to be brought upon, kept, used,
<br /> stored, generated, released or disposed of in, on, under or about the License
<br /> 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
<br /> that, a release of Hazardous Material has occurred in, on, under or about the
<br /> License Area. LICENSEE shall further comply with all laws, statutes, ordinances,
<br /> rules, regulations, policies, orders, edicts and the like requiring notice of such
<br /> releases or threatened releases to governmental agencies, and shall take all
<br /> 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
<br /> release of Hazardous Material, LICENSEE shall, without cost to CITY, promptly
<br /> remediate the License Area to the condition immediately prior to the release in
<br /> accordance with all applicable regulatory requirements and Project Approvals. In
<br /> connection therewith, LICENSEE shall afford CITY a full opportunity to negotiate
<br /> and participate in any discussion with governmental agencies and environmental
<br /> consultants regarding any settlement agreement, cleanup or abatement
<br /> agreement, consent decree or other compromise proceeding involving
<br /> Hazardous Material, and any other abatement or clean-up plan, strategy and
<br /> procedure. For purposes hereof, "Hazardous Material" means material that,
<br /> because of its quantity, concentration or physical or chemical characteristics, is
<br /> at any time now or hereafter deemed by any federal, state or local governmental
<br /> authority to pose a present or potential hazard to public health, welfare or the
<br /> environment. Hazardous Material includes, without limitation, the following: any
<br /> material or substance defined as a "hazardous substance, pollutant or
<br /> contaminant" pursuant to the Comprehensive Environmental Response,
<br /> Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sections 9601
<br /> et seq., or pursuant to Section 25316 of the California Health & Safety Code or
<br /> any other federal, state, or local Law; a "hazardous waste" listed pursuant to
<br /> REV: 09-27-17 PR
<br /> Page 3 of 11
<br /> ATTY/AGR.2017.227/Devcon Construction Inc.
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