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6.1.A. - Page 8
<br /> release of Hazardous Material, COUNTY shall, without cost to CITY and in accordance
<br /> with all Laws and using the highest and best technology available, promptly return the
<br /> License Area to the condition immediately prior to the release. In connection therewith,
<br /> COUNTY 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 seq., 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 License Area or are naturally occurring substances in the License Area;
<br /> and any petroleum, including, without limitation, crude oil or any fraction thereof, natural
<br /> gas or natural gas liquids, provided, the foregoing shall not prohibit COUNTY from
<br /> traversing to, from and across the License Area in standard motor vehicles. The term
<br /> release or threatened release when used with respect to Hazardous Material shall
<br /> include any actual or imminent spilling, leaking, pumping, pouring, emitting, emptying,
<br /> discharging, injecting, escaping, leaching, dumping, or disposing in, on, under or about
<br /> the License Area.
<br /> E. Nuisances. COUNTY shall not conduct any activities in, on, under or about the
<br /> License Area that constitute waste, nuisance or unreasonable annoyance (including,
<br /> without limitation, emission of objectionable odors, noises or lights) to CITY, to the
<br /> owners or occupants of neighboring property, or to the public, or that constitute waste or
<br /> nuisance per se.
<br /> F. Use of Adioinina Land. COUNTY acknowledges that the privilege given under this
<br /> License shall be limited strictly to the License Area. COUNTY shall not traverse over or
<br /> otherwise use any adjoining lands of CITY, including the remaining portion of City
<br /> Property.
<br /> G. Pondinq; Water Courses. COUNTY shall not cause any ponding on the License
<br /> Area or any flooding on adjacent land. COUNTY shall not engage in any activity that
<br /> causes any change, disturbance, fill, alteration or impairment to the bed, bank or
<br /> channel of any natural water course, wetland, or other body of water on, in, under or
<br /> about the License Area, nor shall COUNTY engage in any activity that could pollute or
<br /> degrade any surface or subsurface waters or result in the diminution or drainage of such
<br /> waters.
<br /> 7. Term of License. The privilege conferred to COUNTY pursuant to this Use Agreement
<br /> shall be for a three (3) year term ("Term"), commencing on the Commencement Date
<br /> and expiring on February 28, 2015 ("Expiration Date"), unless earlier terminated by
<br /> either party by delivering written notice to the other party not less than thirty (30) days
<br /> prior to the date of termination. Subject to the foregoing, CITY may at its sole option
<br /> ATTY/AGR/2012.008/COUNTY JAIL CEMEX SITE LICENSE AGREEMENT
<br /> REV:02/01 /12
<br /> Page 5 of 16
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