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REV: 03-19-25 JB
<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 City
<br />Property, or transported to, from or over the City Property. 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 City
<br />Property. LICENSEE shall further comply with all Laws, edicts and the like
<br />requiring notice of such releases or threatened releases to governmental
<br />agencies, and shall take all action necessary or desirable to mitigate the release
<br />or minimize the spread of contamination. In the event that LICENSEE or its
<br />Agents or Invitees cause a release of Hazardous Material, LICENSEE shall,
<br />without cost to CITY and in accordance with all Laws and using the highest and
<br />best technology available, promptly return the City Property to the condition
<br />immediately prior to the release. In connection therewith, LICENSEE shall afford
<br />CITY a full opportunity to negotiate and participate in any discussion with
<br />governmental agencies and environmental consultants regarding any settlement
<br />agreement, cleanup or abatement agreement, consent decree or other
<br />compromise proceeding involving Hazardous Material, and any other abatement
<br />or clean-up plan, strategy and procedure. For purposes hereof, “Hazardous
<br />Material” means material that, because of its quantity, concentration or physical
<br />or chemical characteristics, is at any time now or hereafter deemed by any
<br />federal, state or local governmental authority to pose a present or potential
<br />hazard to public health, welfare or the environment. Hazardous Material includes,
<br />without limitation, the following: any material or substance defined as a
<br />“hazardous substance, pollutant or contaminant” pursuant to the Comprehensive
<br />Environmental Response, Compensation and Liability Act of 1980, as amended,
<br />42 U.S.C. Sections 9601 et seq., or pursuant to Section 25316 of the California
<br />Health & Safety Code or any other federal, state, or local Law; a “hazardous
<br />waste” listed pursuant to Section 25140 of the California Health & Safety Code;
<br />any asbestos and asbestos containing materials whether or not such materials
<br />are part of the City Property or are naturally occurring substances in the City
<br />Property; and any petroleum, including, without limitation, crude oil or any
<br />fraction thereof, natural gas or natural gas liquids, provided, the foregoing shall
<br />not prohibit LICENSEE from traversing to, from and across the City Property in
<br />standard motor vehicles. The term “release” or “threatened release” when used
<br />with respect to Hazardous Material shall include any actual or imminent spilling,
<br />leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping,
<br />leaching, dumping, or disposing in, on, under or about the City Property.
<br />C.Nuisances. LICENSEE shall not conduct any activities in, on, under or
<br />about the City Property that constitute waste, nuisance or unreasonable
<br />annoyance (including, without limitation, emission of objectionable odors, noises
<br />ATTY/AGR.2025.048/Towne Motor Company (License Agreement 1402 Maple Street) (Page 4 of 15)
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