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25O - SPACE AT SA REGIONAL TRANSP CTR
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05/05/2008
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25O - SPACE AT SA REGIONAL TRANSP CTR
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Last modified
1/3/2012 4:32:04 PM
Creation date
4/30/2008 2:19:06 PM
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City Clerk
Doc Type
Agenda Packet
Item #
25O
Date
5/5/2008
Destruction Year
2013
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DO NOT RECORD <br />ARTICLE 7 -HAZARDOUS MATERIALS <br />Section 7.01 <br />At the time of execution of this License, Licensor warrants that the License Area is clean <br />and contains no known hazardous materials. Licensee represents and warrants that it will <br />comply with all environmental laws during the term of this License; its use of the License <br />Area herein will not generate any hazardous substance, and it will not store or dispose on <br />the License Area nor transport to or over the License Area any hazardous substance. <br />Licensee further agrees to clean-up and remediate any hazardous substance on the <br />License Area and Property, and hold Licensor harmless from and indemnify Licensor <br />against any release of any such hazardous substance and any damage, loss, or expense or <br />liability resulting from such release including all attorneys' fees, costs and penalties <br />incurred as a result thereof except any release caused by the sole negligence of Licensor, <br />its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any <br />substance or material defined or designated as hazardous or toxic waste, hazardous or <br />toxic material, hazardous or toxic or radioactive substance, or other similar term by any <br />federal, state or local environmental law, regulation or rule presently in effect or <br />promulgated in the future, as such laws, regulations or rules maybe amended from time <br />to time; and it shall be interpreted to include, but not be limited to, any substance which <br />after release into the environment will or may reasonably be anticipated to cause <br />sickness, death or disease. <br />ARTICLE 8 -MISCELLANEOUS <br />Section 8.01 Force Majeure -Unavoidable Delays <br />Should the performance of any act required by this Agreement to be performed by either <br />Licensor or Licensee be prevented or delayed by reason of an act of God, strike, lockout, <br />labor troubles, inability to secure materials, restrictive governmental laws or regulations, <br />or any other cause except financial inability not the fault of the party required to perform <br />the act, the time for performance of the act will be extended for a period equivalent to the <br />period of delay, and performance of the act during the period of delay will be excused, <br />provided, however, that nothing contained in this section shall excuse the prompt <br />payment of compensation by Licensee as required by this Agreement or the performance <br />of any act rendered difficult solely because of the financial condition of the party, <br />Licensor or Licensee, required to perform the act. <br />Section 8.02 Notice <br />Any written notice or required submittals, given under the terms of this Agreement, shall <br />be delivered personally, or mailed, certified mail, postage prepaid, addressed to the party <br />concerned as follows: <br />To Licensor: <br />Clerk of the City Council <br />250-10 <br />
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