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and workmanlike manner, and at the sole cost and expense of LICENSEE. Upon
<br /> termination of this License, at CITY's request, LICENSEE shall remove all
<br /> Alterations, if any. No compensation shall be owed to LICENSEE in any event for
<br /> any Alterations made by LICENSEE to the City Property. Any damage caused by
<br /> the installation or removal of Alterations shall be repaired by LICENSEE at its sole
<br /> cost and expense,as reasonably required to restore the City Property to substantially
<br /> the same condition as it was in on the Commencement Date.
<br /> C. Resaonsibilitv for Personal Propertv or Equipment. LICENSEE shall be solely
<br /> responsible for all personal property or equipment stored on the City Property
<br /> pursuant hereto,and CITY shall have no duty whatsoever for any personal property
<br /> or equipment stored on the City Property.
<br /> D. Revocabilitv. LICENSEE acknowledges and agrees that the installation of any
<br /> improvements or facilities permitted hereunder, regardless of cost, shall not in any
<br /> way whatsoever limit CITY's right to revoke this License pursuant to the terms
<br /> hereof or any 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 City Property by LICENSEE,LICENSEE Party or any
<br /> other person claiming by or through LICENSEE, are inconsistent with the limited purpose
<br /> of this License and are strictly prohibited as provided below:
<br /> A. Dumping. LICENSEE shall not cause or permit the dumping or other disposal in,
<br /> on, under or about the City Property of landfill, refuse, Hazardous Material (as
<br /> defined below) or any other materials, including but not limited to materials that
<br /> are unsightly or could pose a hazard to the human health or safety,native vegetation
<br /> or wildlife, or the environment.
<br /> B. Hazardous Material. LICENSEE shall not cause, nor shall LICENSEE allow any
<br /> of 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,
<br /> released or disposed of in, on, under or about the City Property, or transported to,
<br /> from or over the City Property. LICENSEE shall immediately notify CITY when
<br /> LICENSEE learns of, or has reason to believe that,a release of Hazardous Material
<br /> has occurred in, on, under or about the City Property. LICENSEE shall further
<br /> comply with all laws,statutes,ordinances,rules,regulations,policies,orders,edicts
<br /> and the like requiring notice of such releases or threatened releases to governmental
<br /> agencies, and shall take all action necessary or desirable to mitigate the release or
<br /> minimize the spread of contamination. In the event that LICENSEE or its Agents
<br /> or Invitees cause a release of Hazardous Material, LICENSEE shall, without cost
<br /> to CITY, promptly remediate the City Property to the condition immediately prior
<br /> to the release in accordance with all applicable regulatory requirements and Project
<br /> Approvals. In connection therewith, LICENSEE shall afford CITY a full
<br /> opportunity to negotiate and participate in any discussion with governmental
<br /> agencies and environmental consultants regarding any settlement agreement,
<br /> cleanup or abatement agreement, consent decree or other compromise proceeding
<br /> ATTY/AGR/2013.242/CD-DEWATERING LICENSE AGREEMENT
<br /> REV:12-10-13 VR Page 3 of 12
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