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B. Trees and Other Plantinas. COUNTY shall not plant any trees or other vegetation in
<br /> or on the License Area, except in accordance with detailed plans approved by CITY in
<br /> writing in advance.
<br /> C. Dum�inq. COUNTY shall not cause or permit the dumping or other disposal in, on,
<br /> under or about the License Area of landfill, refuse, Hazardous Material (as defined
<br /> below) or any other materials, including but not limited to materials that are unsightly or
<br /> could pose a hazard to the human health or safety, native vegetation or wildlife, or the
<br /> environment.
<br /> D. Hazardous Material. COUNTY shall not cause, nor shall COUNTY allow any of its
<br /> Agents or Invitees (as such terms are defined below) to cause, any Hazardous Material
<br /> (as defined below) to be brought upon, kept, used, stored, generated, released or
<br /> disposed of in, on, under or about the License Area, or transported to, from or over the
<br /> License Area. COUNTY shall immediately notify CITY when COUNTY learns of, or has
<br /> reason to believe that, a release of Hazardous Material has occurred in, on, under or
<br /> about the License Area. COUNTY shall further comply with all laws, statutes,
<br /> ordinances, rules, regulations, policies, orders, edicts and the like (collectively, "Laws")
<br /> requiring notice of such releases or threatened releases to governmental agencies, and
<br /> shall take all action necessary or desirable to mitigate the release or minimize the
<br /> spread of contamination. In the event that COUNTY or its Agents or Invitees cause a
<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. Hazarclous 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 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 /> ATTY/AGR/2012.008/COUNTY JAIL CEMEX SITE LICENSE AGREEMENT
<br /> REV:03-12-12 VR
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