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Last modified
4/23/2021 4:23:28 PM
Creation date
11/25/2020 4:42:44 PM
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Contracts
Company Name
SUNSERI'S
Contract #
A-2020-206
Agency
Parks, Recreation, & Community Services
Council Approval Date
10/20/2020
Expiration Date
12/31/2025
Insurance Exp Date
4/1/2021
Destruction Year
2030
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24. HAZARDOUSSUBSTANCES <br />A. Concessionaire shall not allow the illegal installation, storage or utilization of a <br />Hazardous Substance in, on or under the Concession Area or any area temporarily used <br />for concession services. Hazardous Substance shall mean for the purpose of this <br />Agreement and substance listed by the Environmental Protection Agency or the State <br />of California as a Hazardous Substance. To the extent that Concessionaire's use of the <br />Concession Area or any other area temporarily used for concession services results in <br />the release of Hazardous Substance, Concessionaire will notify City immediately and <br />shall be responsible for the cost of all remediation and removal to the City's satisfaction <br />and in compliance with all applicable federal, state and local laws and regulations. <br />B. Concessionaire specifically agrees to defend, hold harmless, and indemnify the City, <br />its officials, employees, agents and volunteers related to release of Hazardous <br />Substance whether intentional or not as a result of Concessionaire's provision of <br />services pursuant to this Agreement, in the Concessionaire Area, or on any other Area <br />owned by City and utilized by Concessionaire pursuant to this Agreement. <br />25. COMPLAINCE WITH ALL LAWS <br />Concessionaire shall at all times in its use, occupancy and maintenance of the Concession <br />Area comply with all applicable laws, rules and regulations and direction by competent <br />governmental authorities. This includes but is not limited to, compliance with the Americans with <br />Disabilities Act of 1990 ("ADA") and all other applicable state and federal laws and regulations <br />enacted protecting the rights of people with disabilities. <br />26. MISCELLANEOUS PROVISIONS <br />A. Each undersigned represents and warrants that its signature herein below has the power, <br />authority and right to bind their respective parties to each of the terms of this <br />Agreement, and shall indemnify City fully, including reasonable costs and attorney's <br />fees, for any injuries or damages to City in the event that such authority or power is <br />not, in fact, held by the signatory or is withdrawn. <br />B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set <br />forth in the body of this Agreement. <br />C. Any obligation which accrues under this Agreement prior to the its expiration or <br />termination, shall survive such expiration or termination unless the Agreement <br />specifically states otherwise. <br />D. This Agreement may be executed in one or more counterparts, each of which shall be <br />deemed to constitute an original, but all of which, when taken together, shall constitute <br />one and the same instrument. <br />
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