|
employees, including the cost of defense of any lawsuit arising therefrom.
<br /> In the event County is named as co-defendant, Licensee shall notify County of such fact and shall represent
<br /> County, with counsel approved by County, in such legal action unless County undertakes to represent itself
<br /> as co-defendant in such legal action. In the event judgment is entered against County and Licensee because
<br /> of the concurrent negligence of County and Licensee, their officers, agents, or employees, an apportionment
<br /> of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither Party shall
<br /> request a jury apportionment.
<br /> 21. HAZARDOUS MATERIALS (SRLic-3.0 S)
<br /> A. Definition of Hazardous Materials. For purposes of this License, the term "Hazardous Material" or
<br /> "Hazardous Materials" shall mean any hazardous or toxic substance, material, product, byproduct, or
<br /> waste, which is or shall become regulated by any governmental entity, including, without limitation, the
<br /> County acting in its governmental capacity, the State of California, or the United States government.
<br /> B. Use of Hazardous Materials. Licensee or Licensee's employees, agents, independent contractors, or
<br /> invitees (collectively "Licensee Parties") shall not cause or knowingly permit any Hazardous Materials to
<br /> be brought upon, stored, kept, used, generated, released into the environment, or disposed of on, under, from,
<br /> or about the License Area (which for purposes of this Clause 21 shall include the subsurface soil and ground
<br /> water). Notwithstanding the foregoing, Licensee may keep on or about the License Area small quantities of
<br /> Hazardous Materials which are customarily used in connection with any permitted use of the License Area
<br /> under this License (which Hazardous Materials shall be used and disposed of in compliance with all
<br /> applicable Laws).
<br /> C. Licensee Obligations. If the presence of any Hazardous Materials on, under or about the License Area
<br /> caused or permitted by Licensee or Licensee Parties results in (i) injury to any person, (ii) injury to or
<br /> contamination of the License Area (or a portion thereof), or (iii) injury to or contamination of any adjacent
<br /> real or personal property, Licensee, at its sole cost and expense, shall promptly take all actions necessary or
<br /> appropriate to return the License Area to the condition existing prior to the introduction of such Hazardous
<br /> Materials to the License Area and to remedy or repair any such injury or contamination. Without limiting
<br /> any other rights or remedies of County under this License, Licensee shall pay the cost of any cleanup or
<br /> remedial work performed on, under, or about the License Area as required by this License or by applicable
<br /> laws in connection with the removal, disposal, neutralization, or other treatment of such Hazardous Materials
<br /> caused or permitted by Licensee or Licensee Parties. Notwithstanding the foregoing, Licensee shall not take
<br /> any remedial action in response to the presence, discharge, or release, of any Hazardous Materials on, under,
<br /> or about the License Area caused or permitted by Licensee or Licensee Parties, or enter into any settlement
<br /> agreement, consent decree or other compromise with any governmental or quasi-governmental entity without
<br /> first obtaining the prior written consent of the Chief Real Estate Officer. All work perfonned or caused to be
<br /> performed by Licensee as provided for above shall be done in good and workmanlike manner and in
<br /> compliance with plans, specifications, and other requirements for such work reasonably approved by County.
<br /> 22. BEST MANAGEMENT PRACTICES (SRLic-3.1 S) —Intentionally Omitted
<br /> 23. WATER QUALITY MANAGEMENT PLAN (SRLic-3.2 S)—Intentionally Omitted
<br /> 24. LIMITATION OF THE LICENSE (SRLic-3.3 S)
<br /> This License and the rights and privileges granted Licensee in and to the License Area are subject to all
<br /> DJM 1/20/26 Page 9 of 19 CEO/RFLS/CEO-026-001
<br /> CEO Real Estate Standard Revenue License Form
<br />
|