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<br /> <br /> <br /> DO NOT RECORD <br /> <br /> <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 /> <br /> ARTICLE 7 -HAZARDOUS MATERIALS <br /> <br /> Section 7.01 <br /> <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 /> <br /> ARTICLE 8 - MISCELLANEOUS <br /> <br /> Section 8.01 Force Majeure - Unavoidable Delays <br /> <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 /> <br /> Section 8.02 Notice <br /> 10 <br /> <br /> <br /> 25F-13 <br />