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<br />amend, impair, modify or diminish any of the obligations of the City under Sections 4.3
<br />and 4.4 below including, without limitation, the City's obligation to indemnify, defend
<br />and hold Licensor and the Indemnitee (as defined in Section 4.4 below) harmless from
<br />any Claims relating to Hazardous Materials (as those terms are defined in Sections 4.3
<br />and 4.4 below) or any other Claims of any nature whatsoever pursuant to the provisions
<br />of Sections 4.3 and 4.4 below. At all times during the term of this Agreement, the City
<br />shall perform the BCDC Improvements in strict accordance with the BCr>C Permit. At
<br />all times during the term of this Agreement, Licensor shall have access to the Property in
<br />order to review, inspect and examine the BCDC Improvements.
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<br />4.2 Compliance with Permits and Approvals and Laws; No Nuisance.
<br />The City acknowledges and agrees that in performing the BCDC Improvements, the City,
<br />at the City's sole cost and expense, shall fully comply with and be bound by (i) all of the
<br />Permits and Approvals and (ii) all constitutional, federal, state, county, municipal and
<br />local laws, regulations, ordinances and regulatory policies applicable to the BCDC
<br />Improvements and all orders, rules and regulations of the State of California, Division of
<br />Industrial Safety (collectively, "Laws"). In performing, completing and maintaining the
<br />BCDC Improvements, the City shall take all reasonable and necessary measures to
<br />protect all lagoon slopes, levees, wetlands or uplands, pavements, curbs, gutters, walks,
<br />streets and útility structures contiguous, in the vicinity of or leading to the Easement
<br />Areas from damage caused by the City or the Licensee Group, keep pedestrian and road
<br />rights of way and drives clean and clear of equipment, dirt, debris and other materials
<br />related to the BCDC Improvements and take all reasonable measures to control and
<br />minimize dust.
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<br />4.3 No Hazardous Materials. Neither the City nor any of the Licensee
<br />Group shall use, generate, manufacture, refine, produce, store, treat, place, maintain,
<br />release, deposit, compact, grade or dispose of, on, in, under or about the Property, or
<br />transport to or over the Property, any Hazardous Materials. As u&ed herein "Hazardous
<br />Materials" shall mean any substance or material which is regulated as a hazardous, toxic
<br />or dangerous waste, substance or material or is defined as a "hazardous waste'" or
<br />"'hazardous substance" in (or for purposes of) the Comprehensive Environmental
<br />Response, Compensation and Liability Act, the Superfund Amendments and
<br />Reau,thorization Act of 1986, the Resource Conservation and Recovery Act, the Clean
<br />Water Act, the Clean Air Act, the Toxic Substance Control Act or any so-called
<br />"Superfund" or "Superlien" law or any other Environmental Law, as now in effect. As
<br />used herein Environmental Law" shall mean any federal, state or local statutes, laws,
<br />ordinances, codes, regulations, rules, orders, actions, policies or decrees regulating,
<br />relating to or imposing liability or standards of conduct concerning any environmental
<br />matters, including, but not limited to, matters relating to air pollution, water pollution,
<br />noise control or Hazardous Materials. The City and the Indemnitor (as defined in Section
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