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D. Responsibility for Personal PronertX. LICENSEE shall be solely responsible for all
<br /> property within the Sublicense Area pursuant hereto, and CITY shall have no duty
<br /> whatsoever for any personal property within the Sublicense Area.
<br /> E. Revocabilitv. 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 /> 4. Restrictions on Use. LICENSEE agrees that, by way of example only and without
<br /> limitation, the following uses of the Sublicense Area by LICENSEE, or any other person claiming
<br /> by or through LICENSEE, are inconsistent with the limited purpose of this License and are
<br /> strictly prohibited as provided below:
<br /> A. Dumning. LICENSEE shall not cause or permit the dumping or other disposal in, on,
<br /> under or about the Sublicense 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 /> 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 Sublicense Area, or transported to, from or over
<br /> the Sublicense Area. LICENSEE shall immediately notify CITY when LICENSEE learns
<br /> of, or has reason to believe that, a release of Hazardous Material has occurred in, on,
<br /> under or about the Sublicense Area. LICENSEE shall further comply with all laws,
<br /> statutes, ordinances, rules, regulations, policies, orders, edicts and the like requiring
<br /> notice of such releases or threatened releases to governmental agencies, and shall take
<br /> all action necessary or desirable to mitigate the release or minimize the spread of
<br /> contamination. In the event that LICENSEE or its Agents or Invitees cause a release of
<br /> Hazardous Material, LICENSEE shall, without cost to CITY and in accordance with all
<br /> Laws and using the highest and best technology available, promptly return the
<br /> Sublicense Area to the condition immediately prior to the release. In connection
<br /> therewith, LICENSEE shall afford CITY a full opportunity to negotiate and participate in
<br /> any discussion with governmental agencies and environmental consultants regarding
<br /> any 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 Sublicense Area or are naturally occurring substances in the Sublicense
<br /> Area; and any petroleum, including, without limitation, crude oil or any fraction thereof,
<br /> ATN/AGR/2013.107DOCKTOWN YACHT CLUB SUBLICENSE AGREEMENT
<br /> REV:08-21-13 VR
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