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responsible for supplying all utilities to be used during the Carnival Events, including supplying the <br />required portable toilets as specified in the RPP. <br />13. HAZARDOUS MATERIALS <br />Operator represents and warrants that its use of the Carnival Area herein will not generate airy <br />hazardous substance, and it will not store or dispose on the Park and/or Carnival Area nor transport to <br />or over the Park and/or Carnival Area any hazardous substance. Operator further agrees to clean-up <br />and remediate any hazardous substance on the Park and/or Carnival Area and Property, and hold City <br />harmless from and indemnify City against any release of any such hazardous substance and any <br />damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and <br />penalties incurred as a result thereof except any release caused by the negligence of City, its employees <br />or agents, "hazardous substance" shall be interpreted broadly to mean any substance or material <br />defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or <br />radioactive substance, or other similar term by any federal, state or local environmental law, regulation <br />or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be <br />amended from time to time; and it shall be interpreted to include, but not be limited to, any substance <br />which after release into the cnvirommnt will or may reasonably be anticipated to cause sickness, death <br />or disease. <br />14. WASTE OR NUISANCE <br />Operator shall not commit or permit the commission by others of any waste on the Park or <br />Carnival Areas. Operator shall not maintain, commit, or permit the maintenance or commission of any <br />nuisance as defined in Section 3474 and/or Section 3480 of the California Civil Code on the Park or <br />Carnival Areas; and Operator shall not use or permit the use of the Park or Carnival Areas for any <br />unlawful purpose. <br />15. PUBLICNEC.ESSITY <br />City may immediately temporarily suspend operation of this Agreement and the Carnival Event <br />in the event of public necessity or emergency, as may be determined by the City Manager. Such <br />suspension will terminate when the public necessity or emergency no longer exists. <br />16. ON-SITE OFFICE <br />One (1) trailer -type vehicle will be allowed to park in the Carnival Area, in a location pre- <br />determined by the Park Superintendents to be used exclusively as a business office by Operator. This <br />vehicle must be equipped as an office and used only as such. Under no circumstances is this vehicle to <br />be used for sleeping accommodations while on Park premises. The office vehicle will be allowed on <br />the premises for the period provided for all other carnival equipment pursuant to the RFP, <br />28 <br />