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REV: 10-26-2021 SK <br />8.5.Required Endorsement. The performance bond is subject to the <br />reasonable approval of the City Attorney and must contain the following <br />endorsement: <br />“This bond may not be canceled until sixty (60) days after <br />receipt by the City Attorney, by registered mail, return <br />receipt requested, of a written notice of intent to cancel or <br />not to renew.” <br />8.6.Reservation of City Rights. The rights reserved by the City with <br />respect to the performance bond are in addition to all other rights and remedies the <br />City may have under this MLA or any other applicable Law. <br />8.7.Admitted Surety Insurer. The surety supplying the bond shall be <br />an “admitted surety insurer”, as defined in Code of Civil Procedure §995.120 and <br />authorized to do business in the State of California. <br />9.HAZARDOUS SUBSTANCES. <br />9.1. For purposes of this License, the term “Hazardous Substances” <br />means: (a) any substance, products, waste, or other material of any nature <br />whatsoever which is or becomes listed, regulated, or addressed pursuant to the <br />Comprehensive Environmental Response, Compensation, and Liability Act <br />(CERCLA), 42 United States Code Section 9601 et seq.; the Resources <br />Conservation and Recovery Act, 42 United States Code Section 6901 et seq.; the <br />Hazardous Materials Transportation Conservation and Recovery Act, 42 United <br />States Code Section 1801 et seq.; the Clean Water Act, 33 United States Code <br />Section 1251 et seq.; the Toxic Substances Control Act, 15 United States Code <br />Section 2601 et seq.; the California Hazardous Waste Control Act, Health and <br />Safety Code Section 25100 et seq.; the Hazardous Substance Account Act, Health <br />and Safety Code Section 25330 et seq.; the California Safe Drinking Water and <br />Toxic Enforcement Act, Health and Safety Code Section 25249.5 et seq.; California <br />Health and Safety Code Section 25280 et seq. (Underground Storage of Hazardous <br />Substances); the California Hazardous Waste Management Act, Health and Safety <br />Code Section 25170.1 et seq.; California Health and Safety Code Section 25501 et <br />seq. (Hazardous Materials Release Response Plans and Inventory); or the <br />California Porter-Cologne Water Quality Control Act, Water Code Section 13000 <br />et seq., all as amended (the above cited California state statutes are hereinafter <br />collectively referred to as the “State Toxic Substances Law”); or any other federal, <br />state, or local statute, law, ordinance, resolution, code, rule, regulation, order or <br />decree regulating, relating to, or imposing liability or standards of conduct <br />concerning any Hazardous Substance, now or at any time hereinafter in effect; (b) <br />any substance, product, waste or other material of any nature whatsoever which <br />may give rise to liability under any of the above statutes or under any statutory or <br />common law theory based on negligence, trespass, intentional tort, nuisance or <br />strict liability or under any reported decisions of a state or federal court; (c) <br />petroleum or crude oil, other than petroleum and petroleum products which are <br />contained within regularly operated motor vehicles; and (d) asbestos. <br />ATTY/AGR.2021.268/Crown Castle (Page 16 of 28)