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DO NOT RECORD
<br />9. Indemnification Regarding Hazardous Material. BTN covenants and
<br />agrees to indemnify City from and against any contamination of the Property with
<br />Hazardous Materials occurring after commencement of this License. BTN further agrees
<br />to defend and hold harmless the City from and against any and all actions, agreements,
<br />attorneys' fees, causes of action, claims, contracts, costs, covenants, damages, debts,
<br />demands, expenses, judgments, lawsuits, liabilities, liens, losses, obligations, and orders
<br />which arise during or after the term of this License related to the existence of Hazardous
<br />Materials (from whatever cause) on the Property or in the groundwater on or under the
<br />Property except for the cost of any remediation of Hazardous Materials deposited in the
<br />soils of the Property by the City or its employees, agents and contractors. This
<br />indemnification includes, without limitation, costs incurred in connection with any
<br />investigation of site conditions or any cleanup, remedial, removal, or restoration work
<br />required by any federal, state, or local governmental agency or political subdivision
<br />because of Hazardous Material present in the soil or groundwater on or under the
<br />Property. As used herein, the term "Hazardous Material" shall be interpreted broadly to
<br />mean any hazardous or toxic substance, material, or waste which now is or hereafter
<br />becomes regulated by any local governmental authority, the State of California or the
<br />United States Government.
<br />10. Taxes. The parties agree that if the Facilities are assessed any taxes or
<br />similar fees or charges due to the activities of BTN or BTN's permitted users, then BTN
<br />shall bear the entire cost of said taxes, fees or charges.
<br />11. Liens. BTN will not permit any mechanics' or materialmens' or other
<br />liens to stand against the Facilities by reason of any use or occupancy by BTN, or any
<br />person claiming under BTN.
<br />12. Non-Discrimination. BTN shall not discriminate as to the employment of
<br />persons relative to the use or operation of the Property, nor shall it discriminate as to the
<br />persons or entities which may use the Property, on the basis of race, color, national
<br />origin, ancestry, gender, disability, sexual orientation, or medical condition, in violation
<br />of state or federal laws, or on any other basis otherwise prohibited by state or federal law.
<br />13. Termination of Agreement This Agreement shall be terminable by the
<br />City upon the occurrence of any of the following:
<br />A. Use of Facilities. BTN ceases operation of a native plant nursery; or,
<br />B. Unauthorized Transfer. BTN transfers or attempts to transfer any
<br />rights or interest in the Property in any fashion without the City's
<br />consent.
<br />14. Force Majeure. Should the performance of any act required by this
<br />Agreement to be performed by either City or BTN be prevented or delayed by reason of
<br />an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive
<br />governmental laws or regulations, or any other cause except financial inability not the
<br />fault of the party required to perform the act, the time for performance of the act will be
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<br />25F-7
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