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<br />Licensor of any amendments to the Mitigation Plan shall (i)
<br />impose any liability on Licensor or constitute a representation
<br />or warranty by Licensor as to the adequacy or sufficiency of the
<br />Mitigation Plan or (ii) in any manner or to any extent cancel,
<br />amend, impair, modify or diminish any of the joint and several
<br />obligations of Licensees under Sections 4.3 and 4.4 below
<br />including, without limitation, Licensees' obligations to
<br />indemnify, defend and hold Licensor and the Indemnitee (as
<br />defined in Section 4.4 below) harmless from any Claims relating
<br />to Hazardous Materials (as those terms are defined in Sections
<br />4.3 and 4.4 below) or any other Claims of any nature whatsoever
<br />pursuant to the provisions of Sections 4.3 and 4.4 below. At all
<br />times during the term of this Agreement, Licensees shall perform
<br />and maintain the Mitigation Work in strict accordance with the
<br />Mitigation Plan. At all times during the term of this Agreement,
<br />Licensor shall have access to the Property in order to review,
<br />inspect and examine the Mitigation Work.
<br />
<br />4.2 Compliance with Permits and Approvals and Laws, No
<br />Nuisance. Licensees acknowledge and agree that in performing the
<br />Mitigation Work, Licensee, at Licensee's sole cost and expense,
<br />shall fully comply with and be bound by (i) all of the Permits
<br />and Approvals and (ii) all constitutional, federal, state,
<br />county, municipal and local laws, regulations, ordinances and
<br />regulatory policies applicable to the Mitigation Work and all
<br />orders, rules and regulations of the State of California,
<br />Division of Industrial Safety (collectively, ~Laws"). In
<br />performing, completing and maintaining the Mitigation Work,
<br />Licensees shall take all reasonable and necessary measures to
<br />protect all lagoon slopes, levees, pavements, curbs, gutters,
<br />walks, streets and utility structures contiguous, in the vicinity
<br />of or leading to the Property from damage caused by Licensees or
<br />the Licensee Group, keep pedestrian and road rights of way and
<br />drives clean and clear of equipment, dirt, debris and other
<br />materials related to the Mitigation Work and take all reasonable
<br />measures to control and minimize dust.
<br />
<br />4.3 No Hazardous Materials. Neither Licensees nor any
<br />of the Licensee Group shall use, generate, manufacture, refine,
<br />produce, store, treat, place, maintain, release, deposit,
<br />compact, grade or dispose of, on, in, under or about the
<br />Property, or transport to or over the Property, any Hazardous
<br />Materials. As used herein ~Hazardous Materials" shall mean any
<br />substance or material which is regulated as a hazardous, toxic or
<br />dangerous waste, substance or material or is defined as a
<br />~hazardous waste" or ~hazardous substance" in (or for purposes
<br />of) the Comprehensive Environmental Response, Compensation and
<br />Liability Act, the Superfund Amendments and Reauthorization Act
<br />
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