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23. HAZARDOUS MATERIALS
<br /> 23.1. Limitations on Hazardous Materials Use
<br /> Licensee covenants and agrees that neither Licensee nor its Agents, clients, customers,
<br /> invitees, guests, tenants, subtenants, licensees, assignees and/or sublicensees will
<br /> cause or permit any Hazardous Material to be brought upon, kept, used, stored,
<br /> generated, disposed or Released in, on, under or about the License Area or any other
<br /> City Property, in whole or part, or transported to or from any City Property in any manner
<br /> that violates any Environmental Laws; provided, however, that Licensee may use
<br /> Hazardous Materials in small quantities that are customarily used for routine operation,
<br /> cleaning and maintenance and so long as all such Hazardous Materials are contained,
<br /> handled and used in compliance with all Environmental Laws.
<br /> 23.2. Notice to the City After a Release
<br /> Licensee shall immediately notify the City if and when Licensee learns or has reason to
<br /> believe any Hazardous Material Release has occurred in, on, under or about the License
<br /> Area or other City Property. Licensee will not be deemed to have assumed liability for any
<br /> such Release by giving such notice, unless such Release was caused by or arose in
<br /> connection with Licensee's or its Agent's, client's, customer's, invitee's, guest's, tenant's,
<br /> subtenant's, licensee's, assignee's and/or sublicensee's acts, omissions or negligence.
<br /> 23.3. Licensee's Hazardous Material Indemnification Obligations
<br /> If Licensee breaches any obligations contained in this Section 23, or if any act, omission
<br /> or negligence by Licensee or its Agents, clients, customers, invitees, guests, tenants,
<br /> subtenants, licensees, assignees and/or sublicensees results in any contamination on or
<br /> about the License Area or other City Property, or in a Hazardous Material Release from,
<br /> on, about, in or beneath the License Areas or any other City Property, in whole or in part,
<br /> or any Environmental Law violation, then Licensee, for itself and its successors and
<br /> assigns, shall indemnify, defend and hold the City and any Indemnified City Parties
<br /> harmless, from and against any and all Claims (including damages for decrease in value
<br /> of the License Area or other City Property, the loss or restriction of the use of usable
<br /> space in the License Area or other City Property and sums paid in settlement of Claims,
<br /> attorneys' fees, consultants' fees, and experts' fees and related costs) that arises during
<br /> or after the Term related to or in connection with such Release or violation; provided,
<br /> however, Licensee shall not be liable for any Claims to the extent such Release or
<br /> violation was caused directly and exclusively by the City's gross negligence or willful
<br /> misconduct. Licensee's indemnification obligation includes all costs incurred in
<br /> connection with any activities required to Investigate and Remediate any Hazardous
<br /> Material brought or Released onto the License Area or other City Property by Licensee
<br /> or its Agents, clients, customers, invitees, guests, tenants, subtenants, licensees,
<br /> assignees and/or sublicensees, and to restore the License Area or other City Property to
<br /> its condition prior to such introduction or Release, or to correct any Environmental Law
<br /> violation. Licensee specifically acknowledges and agrees that it has an immediate and
<br /> {00033905,%11
<br /> City of Pleasanton, CA 27
<br /> DRAFT Pole License Agreement
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