25G - AGMT ZOO BEV - Laserfiche WebLink

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Exhibit 1 24. HAZARDOUS SUBSTANCES A. Concessionaire shall not allow the illegal installation, storage or utilization of a Hazardous Substance in, on or under the Concession Area or any area temporarily used for concession services. Hazardous Substance shall mean for the purpose of this Agreement and substance listed by the Environmental Protection Agency or the State of California as a Hazardous Substance. To the extent that Concessionaire's use of the Concession Area or any other area temporarily used for concession services results in the release of Hazardous Substance, Concessionaire will notify City immediately and shall be responsible for the cost of all remediation and removal to the City's satisfaction and in compliance with all applicable federal, state and local laws and regulations. B. Concessionaire specifically agrees to defend, hold harmless, and indemnify the City, its officials, employees, agents and volunteers related to release of Hazardous Substance whether intentional or not as a result of Concessionaire's provision of services pursuant to this Agreement, in the Concessionaire Area, or on any other Area owned by City and utilized by Concessionaire pursuant to this Agreement. 25. COMPLAINCE WITH ALL LAWS Concessionaire shall at all times in its use, occupancy and maintenance of the Concession Area comply with all applicable laws, rules and regulations and direction by competent governmental authorities. This includes but is not limited to, compliance with the Americans with Disabilities Act of 1990 ("ADA") and all other applicable state and federal laws and regulations enacted protecting the rights of people with disabilities. 26. MISCELLANEOUS PROVISIONS A. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. C. Any obligation which accrues under this Agreement prior to the its expiration or termination, shall survive such expiration or termination unless the Agreement specifically states otherwise. D. This Agreement may be executed in one or more counterparts, each of which shall be deemed to constitute an original, but all of which, when taken together, shall constitute one and the same instrument. 25G-18