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involving Hazardous Material, and any other abatement or clean-up plan, strategy
<br /> and procedure. For purposes hereof, "Hazardous Material" means material that,
<br /> because of its quantity, concentration or physical or chemical characteristics, is at
<br /> any time now or hereafter deemed by any federal, state or local governmental
<br /> authority to pose a present or potential hazard to public health, welfare or the
<br /> 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
<br /> Liability Act of 1980, as amended, 42 U.S.C. Sections 9601 et sea., or pursuant to
<br /> Section 25316 of the California Health & Safety Code or any other federal, state,
<br /> or local Law;a"hazardous waste"listed pursuant to Section 25140 of the California
<br /> Health & Safety Code; any asbestos and asbestos containing materials whether or
<br /> not such materials are part of the City Property or are naturally occurring substances
<br /> in the City Property; and any petroleum, including, without limitation, crude oil or
<br /> any fraction thereof,natural gas or natural gas liquids,provided,the foregoing shall
<br /> not prohibit LICENSEE from traversing to, from and across the City Property in
<br /> standard motor vehicles, trucks or construction vehicles, installing and operating
<br /> the groundwater treatment systems outlined in Exhibit B, or from conducting the
<br /> Activities on or about the City Property in accordance with all Laws. The term
<br /> "release" or "threatened release" when used with respect to Hazardous Material
<br /> shall include any actual or imminent spilling, leaking, pumping,pouring, emitting,
<br /> emptying, discharging, injecting, escaping, leaching,dumping, or disposing in, on,
<br /> under or about the City Property.
<br /> C. Nuisances. LICENSEE shall not conduct any activities in, on, under or about the
<br /> City Property that constitute waste or nuisance per se(including,without limitation,
<br /> emission of objectionable odors, noises or lights) to CITY, to the owners or
<br /> occupants of neighboring property, or to the public. The Activities authorized
<br /> under this Agreement shall not constitute waste or nuisance per se.
<br /> D. Pondin�; Water Courses. LICENSEE shall not cause any ponding on the City
<br /> Property or any flooding on adjacent lands. LICENSEE shall not engage in any
<br /> activity that causes any change, disturbance, fill, alteration or impairment to the
<br /> bed, bank, or channel of any natural water course, wetland, or other body of water
<br /> on,in,under or about the City Property,nor shall LICENSEE engage in any activity
<br /> that could pollute or degrade any surface or subsurface waters or result in the
<br /> diminution or drainage of such waters.
<br /> 5. Term of License. The privilege conferred to LICENSEE pursuant to this Agreement shall
<br /> be for a term("Term"),commencing on the Commencement Date and expiring on January
<br /> 1, 2015 ("Expiration Date"). Subject to the foregoing, after the Expiration Date, CITY
<br /> may at its sole option freely revoke and terminate this License at any time without cause
<br /> or liability,and without any obligation to pay any consideration to LICENSEE or return to
<br /> LICENSEE any part of the License Fee. Upon any revocation or termination, LICENSEE
<br /> shall immediately surrender the City Property in the condition required under this License
<br /> Agreement. The Term may be extended for up to an additional three (3) months by the
<br /> mutual agreement of both parties. The City Manager is authorized to execute such
<br /> ATTY/AGR/2013.242/CD-DEWATERING LICENSE AGREEMENT
<br /> REV:12-10-13 VR Page 4 of 12
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