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<br />(g) The Licensee shall take all necessary precautions to prevent the import <br />and/or release into the environment of any hazardous materials which are imported to, in, on or <br />under the Property during this right of entry. If hazardous materials are imported onto the <br />Property, the Licensee shall be solely responsible for removing such imported hazardous <br />materials in conformance with all governmental requirements. The Licensee shall report to the <br />City, as soon as possible after each incident, any unusual or potentially important incidents with <br />respect to the environmental condition of the Property, <br /> <br />(h) The Licensee shall prepare and submit to the City's Public Works Director <br />(or designee) for approval a plan to ensure that its use of the Property does not violate the City's <br />Waste Discharge Requirement issued by the Santa Ana Regional Water Quality Control Board <br />(Order No, R9 -2002-001) or the City's approved Drainage Area Master Plan (DAMP). <br /> <br />(i) The Licensee shall prepare and submit to the City's Public Works Director <br />(or designee) for approval a plan showing vehicular entrance and exit to the Property only from <br />Borchard Street. No vehicular access shall be permitted from Bristol Street. <br /> <br />3. Indemnity. Licensee hereby agrees to defend, indemnify and hold the City and <br />its officers, officials, members, employees, agents and representatives, harmless from and against <br />any and all loss, damage, injury, liability, claim, cost or expense (including, without limitation, <br />reasonable attorneys' fees, expert witness fees, court costs, and expenses) arising from or <br />attributable to the activities of Licensee or any of its employees, agents, consultants or <br />contractors upon the Property pursuant to this Agreement. All use of and entry upon the <br />Property shall be at the sole cost, risk and expense of the Licensee. Licensee recognizes and <br />understands that should this Agreement be deemed by the County of Orange to create a possessory <br />interest subject to property taxation, and that should said County claim that Licensee is subject to <br />the payment of property taxes levied on such interest, Licensee shall defend, indemnifY and hold <br />the City and its officers, officials, members, employees, agents and representatives, harmless <br />from and against any and all such claims. <br /> <br />4. Miscellaneous. <br /> <br />(a) Choice of Law. This Agreement is to be governed by, and construed in <br />accordance with, the laws of the State of California. <br /> <br />(b) Remedies. Either party shall, in addition to all other rights provided <br />herein or as may be provided by law, be entitled to the remedies of specific performance and <br />injunction to enforce its rights hereunder, except to the extent expressly provided to the contrary <br />in this Agreement. All rights and remedies under this Agreement are cumulative and no one of <br />them shall be exclusive of any other, and each party shall have the right to pursue anyone or all <br />of such rights and remedies or any other remedy which may be provided by law, whether or not <br />stated in this Agreement, except to the extent expressly provided to the contrary in this <br />Agreement. <br /> <br />(c) Counterparts. This Agreement may be executed in two (2) or more <br />counterparts, each of which shall be deemed an original but all of which together shall constitute <br />one and the same instrument. <br /> <br />3 <br />