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using fertilizers, herbicides and pesticides to prevent any Hazardous Materials release and how to handle any such accidental release. 5.13.3 OPERATOR's Responsibility. OPERATOR shall be responsible for clean up, removal and disposal for any Hazardous Materials release on the Premises or any Hazardous Materials release caused or exacerbated by OPERATORS's activities, including but not limited to a release of gasoline, petroleum products, diesel fuel or oil from vehicles or equipment parked or used on the Golf Course in connection with OPERATOR's activities, or releases of fertilizers, herbicides, fungicides or pesticides into the sewage or storm drain systems or into groundwater or any natural or man-made surface waters arising out of OPERATOR's operation and maintenance of the Golf Course. OPERATOR shall immediately notify the Director and all other applicable regulatory agencies of any Hazardous Materials release. OPERATOR shall timely comply with all requirements of regulatory agencies. If OPERATOR does not promptly commence and diligently pursue any required investigation, remediation or clean -up activities, CITY, in its discretion and in addition to any other rights or remedies that the CITY may have, may perform the investigation, remediation or clean-up activities. If the OPERATOR caused or exacerbated the need for the clean up, removal and disposal of Hazardous Materials, OPERATOR shall reimburse CITY within five (5) days of CITY'S demand for payment or CITY may deduct the amount from any amounts owing OPERATOR; otherwise such costs shall be reimbursed by CITY. If the Golf Course or a portion of it is closed in order to investigate, remediate or clean-up a Hazardous Materials release, then Director may require the cessation of some or all activities on the Golf Course and OPERATOR shall not be entitled to payment of any fees, expense or other compensation that would otherwise accrue during this period. 5.13.4 Indemnification for Hazardous Materials. OPERATOR shall indemnify, hold harmless and defend CITY, its officers, officials, employees, volunteers and agents from all loss, damage, liability and expense resulting from the presence, use or release of Hazardous Materials by the OPERATOR or arising from Golf Course operations. 6.0 This section intentionally left blank 7.0 APPROVALS. 7.01 Standard for Approvals. Except as otherwise provided in this Agreement, and, specifically, where this Agreement expressly provides that an approval or determination is within the sole and absolute discretion of Director, in which case this paragraph shall not apply, a consent or approval referred to herein of either party shall not be unreasonably withheld or conditioned. In the event that either party refuses to give its consent or approval to any request by the other, such refusing party shall indicate by written notice to the other the reason for such refusal unless this Agreement permits the consent or approval to be withheld without cause or in the sole discretion of either party. 28