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C. The City can, at any time during the Term of this Agreement, request to have <br />additional locations not listed above be managed under this Agreement subject to <br />additional fees. <br />D. In undertaking the performance of this Agreement, Operator represents that it is <br />knowledgeable in its field and that any services performed by Operator under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting firm in the field. <br />Wherefore, in consideration of their mutual and respective promises and subject to the <br />terms and conditions hereinafter set forth, the parties hereto do hereby agree as follows: <br />1. DEFINITIONS <br />For purposes of this Agreement, the following meanings shall apply: <br />A. "Premises" shall initially mean Parking Garages A, B, C, and D, along <br />with Surface Parking Lot # 1, used interchangeably with the term "Parking <br />Facilities" (see Exhibit A, attached hereto and incorporated herein). <br />Additional Premises may be added by the City during the term hereof. <br />B. "City" shall mean the City of Santa Ana, California, a charter city and <br />municipal corporation. <br />C. "Contract Administrator" shall mean the City Manager or his/her <br />designee; the person on City staff that is appointed to be the contact <br />person with regard to this Agreement. <br />D. "Fiscal Year" shall mean January 1 through December 31. <br />E. "Gross Revenue" sliall mean the total amount of all parking receipts, <br />admission, rentals, and other fees of any nature or kind charge, received, <br />or collected by Operator in the course of operating the Premises, whether <br />such monies are received at the Premises or elsewhere. <br />F. "Hazardous Materials" shall mean any and all (a) substances, products, <br />by-products. waste, or other materials of any nature or kind whatsoever <br />which is or becomes listed, regulated or addressed under an <br />Environmental Law, and (b) any materials, substances, products, by- <br />products, waste, or other materials of any nature or kind whatsoever <br />whose presence in and of itself or in combination with other materials, <br />substances, products, by-products, or waste may give rise to liability under <br />any Environmental Law or any statutory or common law theory based on <br />negligence, trespass, intentional tort, nuisance, strict or absolute liability <br />or under any reported decisions of any state or federal court; and (c) any <br />substance, product, by-product, waste, or any other material which may be <br />hazardous or harmful to the air, water, soil, environment or affect <br />2 <br />25D-32