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25F - TAXI SRVS AT SARTC
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01/04/2011
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25F - TAXI SRVS AT SARTC
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Last modified
1/3/2012 3:55:29 PM
Creation date
12/30/2010 11:02:39 AM
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City Clerk
Doc Type
Agenda Packet
Item #
25F
Date
1/4/2011
Destruction Year
2016
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DO NOT RECORD <br />The waiver by Licensor of any breach by Licensee of any of the provisions of this <br />Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach <br />by Licensee either of the same or another provision of this Agreement. <br />ARTICLE 7 -HAZARDOUS MATERIALS <br />Section 7.01 <br />A. At the time of execution of this License, Licensor warrants that the License Area is <br />clean and contains no known hazardous materials. Licensee represents and warrants that <br />it will comply with all environmental laws during the term of this License; its use of the <br />License Area herein will not generate any hazardous substance, and it will not store or <br />dispose on the License Area nor transport to or over the License Area any hazardous <br />substance. Licensee further agrees to clean-up and remediate any hazardous substance on <br />the 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. "Hazardous substance" shall be interpreted broadly to mean <br />any 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 may be 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 />B. Licensee must keep its License Area clean and free of graffiti, trash and debris and <br />any substances emitted from or related to maintenance of its vehicles, including but not <br />limited to, substances such as oil, gasoline, transmission fluid, etc. <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 />10 <br />25F-13
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