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<br />DO NOT RECORD
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<br />2. LICENSEE RESPONSIBILITIES. By execution of this Agreement, Licensee agrees for
<br />itself and on behalf of its employees, agents, consultants, contractors and assignees as follows:
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<br />a. Licensee shall be responsible for obtaining all approvals, licenses, permits and
<br />permissions of Federal, State and local authorities, which may be necessary to implement
<br />Licensee's Project on the Property. Licensee agrees and acknowledges that nothing herein is
<br />intended, nor shall it be interpreted, to bind the City to issue or grant any permits or entitlements
<br />needed to perform any work or improvements specified in this Agreement.
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<br />b. Licensee will not permit any dangerous condition or waste to be created on the Property.
<br />Licensee shall at all times be in compliance with all federal, state and local statutory and
<br />regulatory requirements, including but not limited to the US EPA, Cal EPA, State Water
<br />Resources Control Board, Department of Toxic Substances Control and South Coast Air Quality
<br />Management District, as applicable.
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<br />c. All acts and things done by Licensee on the Property will be done in a careful and
<br />reasonable manner, in accordance with all federal, state and local laws. Licensee agrees that any
<br />use it makes of the Property as specified herein shall be affected with all reasonable diligence and
<br />precaution to avoid damage to the land, property or personnel of City.
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<br />d. Licensee shall enter the Property entirely at its own cost, risk and expense.
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<br />e. Licensee agrees to conform to any reasonable requirement set forth by the City related to
<br />the use of the Property during the term of this License.
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<br />f. Licensee shall not permit any mechanics', materialmen's or other liens of any kind or
<br />nature ("Liens") to be filed or enforced against the Property in connection with this Agreement.
<br />Licensee shall indemnify, defend and hold harmless City from all liability for any and all liens,
<br />claims and demands, together with costs of defense and reasonable attorneys' fees, arising from
<br />any Liens. City reserves the right, at its sole cost and expense, at any time and from time to time,
<br />to post and maintain on the Property, or any portion thereof, or on the improvements on the
<br />Property, any notices of non-responsibility or other notice as may be desirable to protect City
<br />against liability. In addition to, and not as a limitation of City's other rights and remedies under
<br />this Agreement, should Licensee fail, within ten (10) days of written request from City, either to
<br />discharge any Lien or to bond for any Lien, or to defend, indemnify and hold harmless City from
<br />and against any loss, damage, injury, liability or claim arising out of a Lien, then City, at its
<br />option, may elect to pay such Lien, or settle or discharge such Lien and any action or judgment
<br />related thereto and all costs, expenses and attorneys' fees incurred in doing so shall be paid to
<br />City, as applicable, by Licensee upon written demand.
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<br />g. Licensee shall not have any interest in the Property or be entitled to any reimbursement
<br />or repayment for any work performed upon the Property pursuant to this Agreement.
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<br />h. Licensee shall take all necessary precautions to prevent the import and/or release into the
<br />environment of any hazardous materials which are imported to, in, on or under the Property
<br />during this License. If hazardous materials are imported onto the Property, Licensee shall be
<br />solely responsible for removing such imported hazardous materials in conformance with all
<br />governmental requirements. Licensee shall report to the City, as soon as possible after each
<br />incident, any unusual or potentially important incidents with respect to the environmental
<br />condition of the Property.
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<br />92412
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