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<br />such Lien and any action or judgment related thereto and all costs, expenses and attorneys' fees <br />incurred in doing so shall be paid to City, as applicable, by the Contractor upon written demand. <br /> <br />(f) Contractor shall not have any interest in the Property or be entitled to any <br />reimbursement or repayment for any work performed upon the Property pursuant to this <br />Agreement. <br /> <br />(g) The Contractor 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 the Construction Staging. If hazardous materials are imported onto the <br />Property as a result of the Construction Staging, the Contractor shall be solely responsible for <br />removing such imported hazardous materials in conformance with all governmental <br />requirements. The Contractor shall report to the City, as soon as possible after each incident, any <br />unusual or potentially important incidents with respect to the environment condition of the <br />Property. <br /> <br />3. Indemnity. Contractor hereby agrees to defend, indemnify and hold the City and <br />its officers, officials, members, employees, agents and representative, 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 Contractor or any of its employees, agents, consultants or <br />contractors upon the Property pursuant to this Agreement. All use of and entry upon the Property <br />shall be at the sole cost, risk and expense of the Contractor. <br /> <br />4. License Payment/Security Deposit. Upon execution of this Agreement, and on <br />the first day of each month so long as this Agreement is in effect, Contractor shall pay to City a <br />monthly license fee of $450. First and last month's license payment may be prorated, iffor a <br />partial month. Contractor shall pay to the City a $900 security deposit to secure Contractor's full <br />compliance with the terms hereof, and Contractor may not use this deposit to pay monthly <br />license fee. The security deposit will be returned to Contractor within 30 days oftermination of <br />this Agreement, minus any amounts expended for clean-up or repair ofthe Property. <br /> <br />5. Equipment and Construction Hours. The proposed construction will entail <br />only the use of a crane, concrete truck and pile drilling equipment. No access routes will be <br />blocked during normal business hours ofthe Santa Ana Zoo. The paved road will be fully <br />accessible during construction, except for three hours a day, for four non-consecutive days, but <br />only after normal business hours (after 5 PM). Ifthe provisions of this paragraph are violated by <br />Contractor, and such violation is not remedied within five (5) days after written notice to <br />Contractor, the City shall have the right, at its sole election, to forthwith terminate this <br />Agreement. <br /> <br />6. Miscellaneous. <br /> <br />(a) Choice of Law. This Agreement is to be governed by, and construed in <br />accordance with, the laws ofthe State ofCalifomia. <br /> <br />3 <br />