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9. HAZARDOUS MATERIALS <br />Promoter represents and warrants that its Event production will not generate any <br />hazardous substance, and Promoter will not store or dispose, nor transport any hazardous <br />substance. Promoter further agrees to clean-up and remediate any hazardous substance from the <br />Event production, and hold City harmless from and indemnify City against any release of any <br />such hazardous substance and any damage, loss, or expense or liability resulting from such <br />release including all attorneys' fees, costs and penalties incurred as a result thereof except any <br />release caused by the negligence of City, its employees or agents. "Hazardous substance" shall <br />be interpreted broadly to mean any substance or material defined or designated as hazardous or <br />toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other <br />similar term by any federal, state or local environmental law, regulation or rule presently in effect <br />or promulgated in the future, as such laws, regulations or rules may be amended from time to <br />time; and it shall be interpreted to include, but not be limited to, any substance which after release <br />into the environment will or may reasonably be anticipated to cause sickness, death or disease. <br />10. NUISANCE <br />Promoter shall not maintain, commit, or permit the maintenance or commission of any <br />nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code, or the <br />Santa Ana Municipal Code on the park or carnival areas; and Promoter shall not use or permit <br />any unlawful purpose in the Event production. <br />IL PUBLIC NECESSITY <br />City may immediately temporarily suspend operation of this Agreement and the Event <br />production in the event of public necessity or emergency, as may be determined by the City <br />Manager. Such suspension will terminate when the public necessity or emergency no longer <br />exists. <br />12. LIENS <br />Promoter will not permit any mechanics' or materialmens' or other liens to stand against <br />the City by reason of any use or occupancy by Promoter, or any person claiming under Promoter. <br />13. TERMINATION <br />This Agreement may be terminated by the City without cause upon ten (10) days written <br />notice of termination. <br />14. DEFAULT BY PROMOTER <br />Should Promoter default in the performance of any of the terms, conditions, or <br />obligations contained in this Agreement, City may, in addition to the remedies specified <br />elsewhere in this Agreement, terminate this Agreement and contract with another entity for <br />production of any remaining Event(s). <br />15. INSOLVENCY OF PROMOTER <br />The insolvency of Promoter as evidenced by a receiver being appointed to take <br />possession of all or substantially all of the property of Promoter, or the making of a general <br />assignment for the benefit of creditors by Promoter, or the filing of a petition in bankruptcy, shall <br />terminate this Agreement. <br />