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assure compliance with the requirements herein stated. In the event of <br />emergency, where LICENSOR cannot reasonably comply with the foregoing <br />notice requirement, LICENSOR shall have the right to access the Premises and <br />LICENSOR shall, within forty-eight (48) hours following actual notice of <br />emergency access, inform LICENSEE of (i) the date and time of emergency <br />access and (ii) the nature of the event requiring emergency access. This <br />inspection may include taking samples of substances and materials present for <br />testing, and/or the testing of surface soils and sub -surface soils. In the event <br />LICENSEE breaches any of the provisions of this Section, this Agreement may <br />be terminated by LICENSOR, subject to any applicable cure periods. <br />F. LICENSEE shall, within twenty-four (24) hours of the discovery on the Premises <br />of the presence of, or believed presence of, a Hazardous Substance as defined <br />herein, give written notice to City. The failure to disclose in a timely manner the <br />release of a Hazardous Substance by LICENSEE, including but not limited to, an <br />amount which is required to be reported to a state or local agency pursuant to law <br />shall be grounds for termination of this Agreement by City in addition to actual <br />damages and other remedies provided by law. LICENSEE shall immediately clean <br />up and completely remove all Hazardous Substances placed by LICENSEE on, <br />under, about or within the Premises, in a manner that is in all respects safe and in <br />accordance with all applicable laws, rules and regulations. <br />G. LICENSEE shall be responsible for and bear the entire cost of removal and <br />disposal of any and all hazardous materials introduced to the Premises during <br />LICENSEE's period of use of the Premises, regardless of whether such hazardous <br />material is introduced by LICENSEE or by any other person acting under <br />LICENSEE. LICENSEE shall also be responsible for any clean-up and <br />decontamination on or off the Premises necessitated by the introduction of such <br />hazardous materials within the Premises or any surface below the Property. <br />LICENSEE shall not be responsible for or bear the cost of removal or disposal of <br />hazardous materials introduced to the Property by any party other than <br />LICENSEE during any period prior to commencement of LICENSEE's period of <br />use of the Premises. <br />H. LICENSEE shall further defend, indemnify, and hold harmless LICENSOR, and <br />LICENSOR's directors, officers, and employees, from any and all <br />responsibilities, liabilities, penalties, and claims for damages resulting from the <br />presence or use of hazardous materials within the Premises arising from <br />LICENSEE's use of the Premises. <br />I. Breach of any of the covenants, terms, and conditions in this Section shall give <br />City the authority to either immediately terminate this Agreement or to shut down <br />LICENSEE's operations thereon, at the sole discretion of City. In either case, <br />LICENSEE will continue to be liable under this Agreement to remove and mitigate <br />all Hazardous Substances placed by LICENSEE on, under, about or within the <br />Premises. LICENSEE shall be responsible for, and bear the entire cost of <br />removal and disposal of, all Hazardous Substances introduced to the Premises by <br />Page 9 of 107 <br />