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<br />employees, invitees, employees or students. By way of example only and without limitation,
<br />the following uses by Licensee are prohibited:
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<br />(a) Licensee shall not construct or place any permanent structures, signs or
<br />improvements on the property, nor shall Licensee alter any existing structures, signs or
<br />improvements on the property.
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<br />(b) Licensee shall not conduct any unauthorized activities on or about the
<br />property that constitute waste or nuisance.
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<br />(c) Licensee shall not damage, destroy or deface the property or any
<br />facilities or structures thereon.
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<br />(d) Licensee shall not cause any Hazardous Material to be brought upon,
<br />kept, used, stored, generated or disposed of in, on or about the property, or transported to or
<br />from the property.
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<br />(1) Licensee shall immediately notify the City and District of any
<br />release or suspected release of Hazardous Material. Licensee shall comply with all laws
<br />requiring notice of such releases or threatened releases to governmental agencies, and shall
<br />take all action necessary to mitigate the release or minimize the spread of contamination. In
<br />the event of a release of Hazardous Material, Licensee shall, without cost to the City or
<br />District and in accordance with all laws and regulations, return the property to the condition
<br />immediately prior to the release. Licensee shall allow the City and District to participate in
<br />any discussion with governmental agencies regarding any settlement agreement, cleanup or
<br />abatement agreement, consent decree or other compromise proceeding involving Hazardous
<br />Material.
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<br />(2) For purposes ofthis Agreement, "Hazardous Material" includes,
<br />without limitation, the following: any material defined as a "hazardous substance, pollutant or
<br />contaminant" pursuant to the Comprehensive Environmental Response, Compensation and
<br />Liability Act of 1980, as amended (42 U.S.C. Sections 9601 et seq.), or pursuant to Section
<br />25316 of the California Health & Safety Code; a "hazardous waste" listed pursuant to Section
<br />25140 of the California Health & Safety Code; any asbestos and asbestos containing
<br />materials; and any petroleum, including, without limitation, crude oil or any fraction thereof,
<br />natural gas or natural gas liquids. The term "release" or "threatened release" shall include any
<br />actual or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging,
<br />injecting, escaping, leaching, dumping, or disposing in, on, under or about the property.
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<br />4. SUBJECT TO DISTRICT USES. Notwithstanding anything to the contrary in
<br />this Agreement, Licensee's rights to use the property hereunder shall be subject and
<br />subordinate to the District's uses for the District's operations. In no case shall Licensee's use
<br />interfere with those District uses or operations. District retains the right to determine, in the
<br />exercise of its good faith judgment, whether Licensee's use interferes with District uses or
<br />operations. District also retains the right to use the property in any manner that does not
<br />unreasonably interfere with Licensee's activities hereunder.
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