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DO NOT RECORD
<br />has been procured and is in force and paid for, the City shall have the right, at
<br />the City's election, to forthwith terminate this Agreement.
<br />9. Indemnification Reeardine Hazardous Material. BTN covenants and agrees to
<br />indemnify City from and against any contamination of the Property with Hazardous Materials
<br />occurring after commencement of this License. BTN further agrees to defend and hold harmless
<br />the City from and against any and all actions, agreements, attorneys' fees, causes of action,
<br />claims, contracts, costs, covenants, damages, debts, demands, expenses, judgments, lawsuits,
<br />liabilities, liens, losses, obligations, and orders which arise during or after the term of this
<br />License related to the existence of Hazardous Materials (from whatever cause) on the Property or
<br />in the groundwater on or under the Property except for the cost of any remediation of Hazardous
<br />Materials deposited in the soils of the Property by the City or its employees, agents and
<br />contractors. This indemnification includes, without limitation, costs incurred in connection with
<br />any 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 because of
<br />Hazardous Material present in the soil or groundwater on or under the Property. As used herein,
<br />the term "Hazardous Material" shall be interpreted broadly to mean any hazardous or toxic
<br />substance, material, or waste which now is or hereafter becomes regulated by any local
<br />governmental authority, the State of California or the United States Government.
<br />10. Taxes. The parties agree that if the Facilities are assessed any taxes or similar
<br />fees or charges due to the activities of BTN or BTN's permitted users, then BTN shall bear the
<br />entire cost of said taxes, fees or charges.
<br />11. Liens. BTN will not permit any mechanics' or materialmens' or other liens to
<br />stand against the Facilities by reason of any use or occupancy by BTN, or any person claiming
<br />under BTN.
<br />12. Non - Discrimination. BTN shall not discriminate as to the employment of persons
<br />relative to the use or operation of the Nursery, nor shall it discriminate as to the persons or
<br />entities who may use the Nursery, on the basis of race, color, national origin, ancestry, gender,
<br />disability, sexual orientation, or medical condition, in violation of state or federal laws, or on any
<br />other basis otherwise prohibited by state or federal law.
<br />13. Termination of Agreement This Agreement shall be terminable by the City upon
<br />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 rights or
<br />interest in the Property in any fashion without the City's consent.
<br />14. Force Majeure. Should the performance of any act required by this Agreement to
<br />be performed by either City or BTN be prevented or delayed by reason of an act of God, strike,
<br />lockout, 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 the act,
<br />the time for performance of the act will be extended for a period equivalent to the period of
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