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h) Verification of Measurements and Conditions: District shall be solely and fully
<br /> responsible for damage done during the Fence Work to existing structures,
<br /> furnishings, equipment, buildings, walks, roads, trees, landscaping, and/or
<br /> improvements. District is responsible for verifying all measurements and existing
<br /> conditions, including, but not limited to, the location of any underground utilities,
<br /> conduits, pipes, or similar improvements in and around the work sites prior to the
<br /> start of any work. If District's failure to properly verify measurements results in any
<br /> damage, harm, or impairment to existing conditions (e.g., underground utilities,
<br /> conduits, pipes), the District shall be solely responsible for rectifying and resolving
<br /> any such damage, harm, or impairment.
<br /> i) Hazardous Materials: With respect to the existence or use of Hazardous Materials
<br /> (as defined below) within the Licensed Area, the Parties agree to the following
<br /> provisions for this MOU and License Agreement:
<br /> i. As used herein, the term "Hazardous Materials" means any hazardous or
<br /> toxic substance, material, or waste which is or becomes regulated by any
<br /> local governmental authority, the State of California, or the United States
<br /> Government. The term "Hazardous Materials" includes, without limitation,
<br /> petroleum products, asbestos, PCB's, and any material or substance
<br /> which is(i)defined as hazardous or extremely hazardous pursuant to Title
<br /> 22 of the California Code of Regulations, Division 4.5, Chapter 11, Article
<br /> 4, Section 66261.30 et seq., (ii) defined as a "hazardous waste" pursuant
<br /> to Paragraph 5 of 42 U.S.C. § 6903, the federal Resource Conservation
<br /> and Recovery Act (42 U.S.C. § 6901 et seq.), or (iii) defined as a
<br /> "hazardous substance" pursuant to Paragraph 14 of 42 U.S.C. § 9601, the
<br /> Comprehensive Environmental Response, Compensation and Liability Act
<br /> (42 U.S.C.§9601 et seq.). As used herein,the term"Hazardous Materials
<br /> Law" shall mean any statute, law, ordinance, or regulation of any
<br /> governmental body or agency (including the U.S. Environmental
<br /> Protection Agency, the California Regional Water Quality Control Board,
<br /> and the California Department of Health Services) which regulates the
<br /> use, storage, release, or disposal of any Hazardous Materials.
<br /> ii. District shall not cause or permit any Hazardous Materials to be generated,
<br /> brought onto, used, stored, or disposed of in or about the Licensed Area
<br /> or any improvements constructed by District pursuant to this MOU and
<br /> License Agreement. District shall comply with all environmental laws.
<br /> iii. Any handling, transportation, storage, treatment, disposal, or use of
<br /> Hazardous Materials in or about the Licensed Area and any District
<br /> improvements shall be the responsibility of District and shall strictly comply
<br /> with all applicable Hazardous Materials Laws and the provisions of this
<br /> MOU and License Agreement.
<br /> iv. District shall indemnify, defend upon demand, and hold harmless the City
<br /> and its governing board members, officials, officers, employees, agents,
<br /> representatives, and consultants from and against any liabilities, losses,
<br /> claims, damages, lost profits, consequential damages, interest, penalties,
<br /> fines, monetary sanctions, attorneys' fees, experts' fees, court costs,
<br /> remediation costs, investigation costs, and other expenses which result
<br /> from or arise in any manner whatsoever out of the use, storage, treatment,
<br /> transportation, release, disposal, or presence from any cause or source
<br /> whatsoever of Hazardous Materials on or about the Licensed Area and
<br /> any improvements constructed by District under this MOU and License
<br /> Agreement.
<br /> MOU AND LICENSE AGREEMENT- PUSD&CITY OF PLEASANTON RE FENCING AT FAIRLAND ES Page 3 of 8
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