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restitution, judicial or equitable relief due to personal or property rights arises by <br />reason of the terms of or effects arising from this Agreement. City may make all <br />reasonable decisions with respect to its representation in any legal proceeding. <br />7.2.2 Indemnification Regarding Hazardous Material. Concessionaire <br />covenants and agrees to indemnify City from and against any contamination of <br />the Facilities with Hazardous Materials by Concessionaire occurring after <br />commencement of this Concessionaire Agreement. Concessionaire further agrees <br />to defend and hold harmless the City from and against any and all actions, <br />agreements, attorneys' fees, causes of action, claims, contracts, costs, covenants, <br />damages, debts, demands, expenses, judgments, lawsuits, liabilities, liens, losses, <br />obligations, and orders which arise during or after the term of this Agreement <br />related to the existence of Hazardous Materials (from whatever cause) on the <br />Facilities or in the groundwater on or under the Facilities except for: (1) the cost <br />of any remediation of Hazardous Materials deposited in the soils of the Facilities <br />by the City or its employees, agents and contractors, and, (2) any third party <br />personal injury actions which allege exposure to such undiscovered Hazardous <br />Materials as a result of use of the Facilities in a City- sponsored program, or third <br />party activity scheduled by the City. This indemnification includes, without <br />limitation, costs incurred in connection with any investigation of site conditions or <br />any cleanup, remedial, removal, or restoration work required by any federal, state, <br />or local governmental agency or political subdivision because of Hazardous <br />Material present in the soil or groundwater on or under the Facilities. As used <br />herein, the term "Hazardous Material" shall be interpreted broadly to means any <br />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 <br />the United States Government. <br />8.0 NOTICES. All written notices required to be given pursuant to the terms hereof <br />shall be either (i) personally delivered, (ii) deposited in the United States express mail or <br />first class mail, registered or certified, return receipt requested, postage prepaid, (iii) <br />delivered by overnight courier service, or (iv) delivered by facsimile, provided that the <br />original of such facsimile notice, is sent by certified U.S. mail, postage prepaid, no later <br />than one business day following such facsimile. All such notices shall be deemed <br />delivered upon actual receipt (or upon the first attempt at delivery pursuant to the <br />methods specified in clauses (i), (ii) or (iii) above if the intended recipient refuses to <br />accept delivery). All such notices shall be delivered to the following addresses, or to <br />such other address as the receiving party may from time to time specify by written notice <br />to the other party: <br />12 <br />