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<br />the exterior levee on Lot 1, in accordance with and subj ect to the limitations set forth in this
<br />Agreement, all to the reasonable satisfaction of Licensor. Licensee shall ensure that best efforts
<br />are used to minimize the disturbance of the Dredge Material License Area and the balance of
<br />Lot 1 (except for (i) the temporary installation and removal of the Pumping Equipment along the
<br />exterior levee, and (ii) the actual placement of Dredge Material into the Ditch as authorized by
<br />the D.S Army Corps of Engineer which includes allowing for the disposal of dredged material
<br />with P AH levels less than 4 ppm. In addition to completing a Phase I assessment, Licensee has
<br />completed sediment testing as required by regulatory requirements and has been permitted to
<br />dredge the material in specific zones in the lagoons in Redwood Shores. Without limiting the
<br />generality of the foregoing, all work and activities of Licensee on the Dredge Material License
<br />Area shall be performed in accordance with all applicable laws, regulations and codes, and all
<br />guidelines and requirements of all federal, State and City agencies having jurisdiction. In
<br />connection with utilizing its rights under the Dredge Material License, Licensee shall be mindful
<br />of and shall not undermine or damage any portion of the Property adjacent to the Dredge
<br />Material License Area and shall take all necessary precautions against causing any instability or
<br />subsidence of soils that would jeopardize the stability of the Property. As used herein,
<br />"Hazardous Materials" means "Hazardous Material," "Hazardous Substance," "Pollutant or
<br />Contaminant," and "Petroleum" and "Natural Gas Liquids," as those terms are defmed or used in
<br />Section 101 of CERCLA, any substance, material, waste, pollutant or contaminant listed or
<br />defined as hazardous or toxic under any Environmental Law, including, without limitation,
<br />PCBs, lead, lead paint, asbestos, urea formaldehyde, radioactive materials, putrescible materials,
<br />petroleum products, explosives, corrosives and infectious materials. "Environmental Law"
<br />means any federal, state or local environmental, health or safety statute, ordinance, regulation
<br />policy or standard governing or relating to Hazardous Materials, the environment, industrial
<br />hygiene, human health, public or worker safety, or occupational health, including without
<br />limitation CERCLA and the California Hazardous Waste Control Act and Carpenter-Presley-
<br />Tanner Hazardous Substance Account Act.
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<br />3. Limitation on Use of the Sta2in2 License. The Staging License shall be used
<br />solely for temporary storage and staging of Licensee's equipment used in connection with
<br />Licensee's dredging activities. All activities of Licensee on the Staging License Area shall be
<br />performed in accordance with all applicable laws, regulations and codes, and all guidelines and
<br />requirements of all federal, State and City agencies having jurisdiction, and otherwise to the
<br />reasonable satisfaction of Licensor. Licensor shall prescribe the precise location of the Staging
<br />License Area, and Licensor reserves the right to relocate the Staging License Area on not less
<br />than three (3) business days notice to Licensee (and Licensor's grading contractor shall have the
<br />same right on behalf of Licensor). In addition, Licensee shall cooperate and coordinate with
<br />Licensor's grading contractor as regarding Licensee's staging activities, and shall ensure that
<br />best efforts are used to minimize any interference with Licensor's grading contractor's activities
<br />on the Property.
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<br />4. Renair of Dama2e: Deliverv of Comnletion Certification. Licensee shall have
<br />the obligation to repair any and all damage to the Dredge Material License Area and the Staging
<br />License Area (collectively, the "License Areas" and any other portion of the Property resulting
<br />from Licensee's use of the Dredge Material License and/or the Staging License (collectively, the
<br />"Licenses," and individually, without distinction, a "License"). Within Sixty (60) days following
<br />Licensee's completion of the placement of Dredge Material in the Ditch, Licensee shall deliver
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