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<br />10. LIMITATION OF THE LICENSE (N)
<br />This License and the rights and privileges granted LICENSEE in and to the Facility are subject to all
<br />covenants, conditions, restrictions, and exceptions of record or apparent. This includes, but is not limited to,
<br />on-site verbal instructions communicated to LICENSEE by COUNTY personnel on duty at the Facility.
<br />Nothing contained in this License or in any document related hereto shall be construed to imply the
<br />conveyance to LICENSEE of rights in the Facility, which exceed those owned by COUNTY.
<br />11. HAZARDOUS MATERIALS (N)
<br />Definition of Hazardous Materials. For purposes of this License, the term "Hazardous Material" or
<br />"Hazardous Materials" shall mean any hazardous or toxic substance, material, product, byproduct, or waste,
<br />which is or shall become regulated by any governmental entity, including, without limitation, the County
<br />acting in its governmental capacity, the State of California or the United States government.
<br />Use of Hazardous Materials. Except for those Hazardous Materials which are customarily used in connection
<br />with any permitted use of the Facility and Improvements under this License (which Hazardous Materials
<br />shall be used in compliance with all applicable Laws), Licensee or Licensee's employees, agents,
<br />independent contractors or invitees (collectively "Licensee Parties") shall not cause or knowingly permit
<br />any Hazardous Materials to be brought upon, stored, kept, used, generated, released into the environment or
<br />disposed of on, under, from or about the Facility (which for purposes of this Clause shall include the
<br />subsurface soil and ground water).
<br />Licensee Obligations. If the presence of any Hazardous Materials on, under or about the Facility caused or
<br />pennitted by LICENSEE or Licensee Parties results in (i) injury to any person, (ii) injury to or contamination
<br />of the Facility (or a portion thereof), or (iii) injury to or contamination of any adjacent real or personal
<br />property, LICENSEE, at its sole cost and expense, shall promptly take all actions necessary or appropriate to
<br />return the Facility to the condition existing prior to the introduction of such Hazardous Materials to the
<br />Facility and to remedy or repair any such injury or contamination. Without limiting any other rights or
<br />remedies of COUNTY under this License, LICENSEE shall pay the cost of any cleanup or remedial work
<br />performed on, under, or about the Facility as required by this License or by applicable laws in connection
<br />with the removal, disposal, neutralization or other treatment of such Hazardous Materials caused or
<br />permitted by LICENSEE or Licensee Parties. Notwithstanding the foregoing, LICENSEE shall not take any
<br />remedial action in response to the presence, discharge or release, of any Hazardous Materials on, under or
<br />about the Premises caused or permitted by LICENSEE or Licensee Parties, or enter into any settlement
<br />agreement, consent decree or other compromise with any governmental or quasi -governmental entity without
<br />first obtaining the prior written consent of the Chief Real Estate Officer. All work performed or caused to be
<br />performed by LICENSEE as provided for above shall be done in good and workmanlike manner and in
<br />compliance with plans, specifications, and other requirements for such work reasonably approved by
<br />COUNTY.
<br />Indemnification for Hazardous Materials. To the fullest extent permitted by law, LICENSEE hereby agrees
<br />to indemnify, hold harmless, protect and defend (with attorneys acceptable to COUNTY) COUNTY, its
<br />elected officials, officers, employees, agents and independent contractors and the License Area, from and
<br />against any and all liabilities, losses, damages (including, but not limited to, damages for the loss or
<br />restriction on use of Facility or damages arising from any adverse impact on marketing of the Facility),
<br />diminution in the value of the Facility, judgments, fines, demands, claims, recoveries, deficiencies, costs and
<br />expenses (including, but not limited to, reasonable attorneys' fees, disbursements and court costs and all
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