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01
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2019
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031119
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01
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3/6/2019 4:06:34 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
3/11/2019
DESTRUCT DATE
15Y
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used in this Master License or any Site License will be broadly construed, and includes, <br /> without limitation, the following: (1) any material or substance defined as a "hazardous <br /> substance", or "pollutant" or "contaminant" in the Comprehensive Environmental <br /> Response, Compensation and Liability Act of 1980 (codified as 42 U.S.C. §§ 9601 et <br /> seq.) or California Health & Safety Code § 25316; (2) any "hazardous waste" listed <br /> California Health & Safety Code § 25140; or (3) any petroleum, including crude oil or any <br /> fraction thereof, natural gas or natural gas liquids. <br /> "Indemnified City Party" or "Indemnified City Parties" means the City and its Agents, <br /> Invitees, elected and appointed officials and volunteers. <br /> "Investigate and Remediate" means the undertaking of any activities to determine the <br /> nature and extent of Hazardous Material that may be located in, on, under or about the <br /> License Area or that has been, is being, or is in danger of being Released into the <br /> environment, and to clean up, remove, contain, treat, stabilize, monitor or otherwise <br /> control such Hazardous Material. <br /> "Invitee" means the client, customer, invitee, guest, tenant, subtenant, licensee, assignee <br /> and/or sublicensee of a party in relation to the License Area. <br /> "Laws" means all present and future statutes, ordinances, codes, orders, policies, <br /> regulations and implementing requirements and restrictions by federal, state, county <br /> and/or municipal authorities, whether foreseen or unforeseen, ordinary as well as <br /> extraordinary, as adopted or as amended at the time in question. <br /> "License Area" means the same as that term is defined in Section 2.1 (License Area <br /> Defined). <br /> License Fee" means the annual fee for each licensed Vertical Infrastructure authorized <br /> under this License, as specified in Schedule 1 (Annual License Fee). <br /> "Licensee's Office" means Licensee's place(s) of business located at [insert <br /> address(es)] that contains all the records, in physical and/or electronic form, that Licensee <br /> is required to maintain under Section 27. <br /> "Licensee's On-Call Representative" means the person(s) assigned by Licensee to be <br /> on-call and available to the City regarding the operation of Licensee's Equipment. Such <br /> person(s) shall be qualified and experienced in the operation of Equipment and shall be <br /> authorized to act on behalf of Licensee in any emergency in and in day-to-day operations <br /> of the Equipment. <br /> "NESC" means the National Electrical Safety Code, as may be amended or superseded, <br /> published by the Institute of Electrical and Electronics Engineers. <br /> "OSHA" means the Occupational Safety and Health Administration of the United States <br /> Department of Labor, or OSHA's duly appointed successor agency. <br /> {00033905;%1} <br /> City of Pleasanton, CA 4 <br /> DRAFT Pole License Agreement <br />
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