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7.A. - Page 252
<br /> C. Responsibility for Vehicles and Personal Property. LICENSEE shall be solely
<br /> responsible for all vehicles and personal property stored on the Winslow Lot pursuant
<br /> hereto, and CITY shall have no duty whatsoever for any vehicle or personal property
<br /> stored on the Winslow Lot.
<br /> D. Revocability. LICENSEE acknowledges and agrees that the installation of any
<br /> improvements or facilities permitted hereunder, regardless of cost, shall not in any way
<br /> whatsoever limit CITY's right to revoke this License pursuant to the terms hereof or any
<br /> of CITY's other rights hereunder.
<br /> 3. Restrictions on Use. LICENSEE agrees that, by way of example only and without
<br /> limitation, the following uses of the Winslow Lot by LICENSEE, or any other person claiming by
<br /> or through LICENSEE, are inconsistent with the limited purpose of this License and are strictly
<br /> prohibited as provided below:
<br /> A. Dumpinq. LICENSEE shall not cause or permit the dumping or other disposal in, on,
<br /> under or about the Winslow Lot of landfill, refuse, Hazardous Material (as defined below)
<br /> or any other materials, including but not limited to materials that are unsightly or could
<br /> pose a hazard to the human health or safety, native vegetation or wildlife, or the
<br /> environment.
<br /> B. Hazardous Material. LICENSEE shall not cause, nor shall LICENSEE allow any of
<br /> its Agents or Invitees (as such terms are defined below) to cause, any Hazardous
<br /> Material (as defined below) to be brought upon, kept, used, stored, generated, released
<br /> or disposed of in, on, under or about the Winslow Lot, or transported to, from or over the
<br /> Winslow Lot. LICENSEE shall immediately notify CITY when LICENSEE learns of, or
<br /> has reason to believe that, a release of Hazardous Material has occurred in, on, under or
<br /> about the Winslow Lot. LICENSEE shall further comply with all laws, statutes,
<br /> ordinances, rules, regulations, policies, orders, edicts and the like requiring notice of
<br /> such releases or threatened releases to governmental agencies, and shall take all action
<br /> necessary or desirable to mitigate the release or minimize the spread of contamination.
<br /> In the event that LICENSEE or its Agents or Invitees cause a release of Hazardous
<br /> Material, LICENSEE shall, without cost to CITY, promptly remediate the Winslow Lot to
<br /> the condition immediately prior to the release in accordance with all applicable regulatory
<br /> requirements and Project Approvals. In connection therewith, LICENSEE shall afford
<br /> CITY a full opportunity to negotiate and participate in any discussion with governmental
<br /> agencies and environmental consultants regarding any settlement agreement, cleanup
<br /> or abatement agreement, consent decree or other compromise proceeding involving
<br /> Hazardous Material, and any other abatement or clean-up plan, strategy and procedure.
<br /> For purposes hereof, "Hazardous Material" means material that, because of its quantity,
<br /> concentration or physical or chemical characteristics, is at any time now or hereafter
<br /> deemed by any federal, state or local governmental authority to pose a present or
<br /> potential hazard to public health, welfare or the environment. Hazardous Material
<br /> includes, without limitation, the following: any material or substance defined as a
<br /> "hazardous substance, pollutant or contaminant" pursuant to the Comprehensive
<br /> Environmental Response, Compensation and Liability Act of 1980, as amended, 42
<br /> U.S.C. Sections 9601 et seq., or pursuant to Section 25316 of the California Health &
<br /> Safety Code or any other federal, state, or local Law; a"hazardous waste" listed
<br /> pursuant to Section 25140 of the California Health & Safety Code; any asbestos and
<br /> asbestos containing materials whether or not such materials are part of the Winslow Lot
<br /> or are naturally occurring substances in the Winslow Lot; and any petroleum, including,
<br /> 82483.00009\8012138.4 3
<br /> ATTY/AGR/2013.118/BLOCK 2 HUNTER STORM
<br /> REV: 07-19-13 PT
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