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REV: 10-28-2021 SK <br />(b) To provide monetary remedies or to satisfy <br />damages assessed against Licensee due to a material breach <br />of this MLA. <br />8.3.Restoration of the Bond. Licensee must deposit a sum of money or <br />a replacement instrument sufficient to restore the performance bond to its original <br />amount within 30 days after written notice from the City that any amount has been <br />recovered from the performance bond. Failure to restore the bond to its full amount <br />within 30 days will constitute a material breach of this MLA. Licensee will be <br />relieved of the foregoing requirement to replenish the bond during the pendency of <br />an appeal from the City’s decision to draw on the performance bond. <br />8.4.Costs of Collection. If the performance bond is drawn upon, all of <br />City’s costs of collection and enforcement of the provisions relating to the bond <br />that are specified in this section, including reasonable attorneys’ fees and costs, will <br />be paid by Licensee. <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 />ATTY/AGR.2021.274/New CIngular Wireless/AT15 (Page 15 of 27)