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6. 1. F. - Page 8
<br />C. Dumping BIAC shall not cause or permit the dumping or other disposal in, on,
<br />under or about the Property of landfill, refuse, Hazardous Material (as defined below) or
<br />any other materials, including but not limited to materials that are unsightly or could pose
<br />a hazard to the human health or safety, native vegetation or wildlife, or the environment.
<br />D. Hazardous Material BIAC shall not cause, nor shall BIAC allow any of its Agents or
<br />Invitees (as such terms are defined below) to cause, any Hazardous Material (as defined
<br />below) to be brought upon, kept, used, stored, generated, released or disposed of in, on,
<br />under or about the Property, or transported to, from or over the Property. BIAC shall
<br />immediately notify City when BIAC learns of, or has reason to believe that, a release of
<br />Hazardous Material has occurred in, on, under or about the Property. BIAC shall further
<br />comply with all laws, statutes, ordinances, rules, regulations, policies, orders, edicts and
<br />the like (collectively, "Laws ") requiring notice of such releases or threatened releases to
<br />governmental agencies, and shall take all action necessary or desirable to mitigate the
<br />release or minimize the spread of contamination. In the event that BIAC or its Agents or
<br />Invitees cause a release of Hazardous Material, BIAC shall, without cost to City and in
<br />accordance with all Laws and using the highest and best technology available, promptly
<br />return the Property to the condition immediately prior to the release. In connection
<br />therewith, BIAC shall afford City a full opportunity to negotiate and participate in any
<br />discussion with governmental agencies and environmental consultants regarding any
<br />settlement agreement, cleanup or abatement agreement, consent decree or other
<br />compromise proceeding involving Hazardous Material, and any other abatement or
<br />clean -up plan, strategy and procedure. For purposes hereof, "Hazardous Material"
<br />means material that, because of its quantity, concentration or physical or chemical
<br />characteristics, is at any time now or hereafter deemed by any federal, state or local
<br />governmental authority to pose a present or potential hazard to public health, welfare or
<br />the environment. Hazardous Material includes, without limitation, the following: any
<br />material or substance defined as a "hazardous substance, pollutant or contaminant"
<br />pursuant to the Comprehensive Environmental Response, Compensation and Liability
<br />Act of 1980, as amended, 42 U.S.C. Sections 9601 et sea ., or pursuant to Section
<br />25316 of the California Health & Safety Code or any other federal, state, or local Law; a
<br />"hazardous waste" listed pursuant to Section 25140 of the California Health & Safety
<br />Code; any asbestos and asbestos containing materials whether or not such materials
<br />are part of the Property or are naturally occurring substances in the Property; and any
<br />petroleum, including, without limitation, crude oil or any fraction thereof, natural gas or
<br />natural gas liquids, provided, the foregoing shall not prohibit BIAC from traversing to,
<br />from and across the Property in standard motor vehicles. The term "release" or
<br />"threatened release" when used with respect to Hazardous Material shall include any
<br />actual or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging,
<br />injecting, escaping, leaching, dumping, or disposing in, on, under or about the Property.
<br />E. Nuisances BIAC shall not conduct any activities in, on, under or about the Property
<br />that constitute waste, nuisance or unreasonable annoyance (including, without limitation,
<br />emission of objectionable odors, noises or lights) to City, to the owners or occupants of
<br />neighboring property, or to the public, or that constitute waste or nuisance per se.
<br />F. Use of Adjoining Land BIAC acknowledges that the privilege given under this
<br />License shall be limited strictly to the Property. BIAC shall not traverse over or otherwise
<br />use any adjoining lands of City, except that property leased to BIAC by City under
<br />separate agreement.
<br />ATTY /AGR/2012.005 /BIAC USE AGREEMENT (APN 052 - 398 -00)
<br />RE V:01/17/12
<br />Page 5 of 31
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