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C. Dumoinq. BIAC shali 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 notiTy 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 contaminanY'
<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 Adioininq 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 /> REV:01117112
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