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4.1 Improvements. Except as otherwise expressly provided in this Permit or as
<br />necessary to perform its obligations hereunder, Permittee shall not construct or place any
<br />temporary or permanent structures or improvements on the Permit Area, nor shall Permittee alter
<br />any existing structures or improvements on the Permit Area.
<br />4.2 Dumping. Permittee shall not dump or dispose of refuse or other unsightly
<br />materials on, in, under or about the Permit Area.
<br />4.3 Hazardous Material. Permittee shall not cause, nor shall Permittee allow any of
<br />its Agents or Invitees to cause, any Hazardous Material (as defined below) to be brought upon,
<br />kept, used, stored, generated or disposed of in, on or about the Permit Area, or transported to or
<br />from the Permit Area. Permittee shall immediately notify. City when Permittee learns of, or has
<br />reason to believe that, a release of Hazardous Material has occurred in, on or about the Permit
<br />Area to the extent caused by Permittee or its Agents or Invitees. Permittee shall further comply
<br />with all laws requiring notice of such releases or threatened releases to governmental agencies,
<br />and shall take all action necessary to mitigate the release or minimize the spread of
<br />contamination to the extent caused by Permittee or its Agents or Invitees. In the event that
<br />Permittee or its Agents or Invitees cause a release of Hazardous Material, Permittee shall,
<br />without cost to the City and in accordance with all laws and regulations, return the Permit Area
<br />to the condition immediately prior to the release or to the condition required by any regulatory
<br />agency with jurisdiction over the response to the release. In connection therewith, Permittee
<br />shall afford City a full opportunity to participate in any discussion with governmental agencies
<br />regarding any settlement agreement, cleanup or abatement agreement, consent decree or other
<br />compromise proceeding involving Hazardous Material. For purposes hereof, "Hazardous
<br />Material" means material that, because of its quantity, concentration or physical or chemical
<br />characteristics, is at any time now or hereafter deemed by any Federal, State or local
<br />governmental authority to pose a present or potential hazard to public health, welfare or the
<br />environment. Hazardous Material includes, without limitation, any material or substance defined
<br />as a "hazardous substance, pollutant or contaminant" pursuant to the Comprehensive
<br />Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C.
<br />Sections 9601 et se ., or pursuant to Section 25316 of the California Health & Safety Code; a
<br />"hazardous waste" listed pursuant to Section 25140 of the California Health & Safety Code; any
<br />asbestos and asbestos containing materials whether or not such materials are part of the Permit
<br />Area or are naturally occurring substances in the Permit Area, and any petroleum, including,
<br />without limitation, crude oil or any fraction thereof, natural gas or natural gas liquids. The term
<br />"release" or "tlu-eatened release" when used with respect to Hazardous Material 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 Permit Area.
<br />Notwithstanding the foregoing, the term "Hazardous Materials" does not include materials
<br />customarily used in the installation of improvements such as the Project, or in the operation of
<br />equipment used in making such improvements, so long as such materials are used in only such
<br />quantities as are reasonably necessary for making such improvements and at all times are used,
<br />handled and disposed of in accordance with applicable laws and regulations.
<br />4.4 Nuisances. Permittee shall not conduct any activities on or about the Permit Area
<br />that constitute waste, nuisance or unreasonable annoyance (including, without limitation,
<br />emission of objectionable odors, noises or lights) to the City, to the owners or occupants of
<br />neighboring property or to the public. Notwithstanding the foregoing, City acknowledges and
<br />agrees that Permittee's work hereunder will be conducted over extended hours as set forth in
<br />Exhibit A; and that no such activities constitute or shall be construed to constitute a nuisance.
<br />4.5 Dama e. See Section 3.6, above.
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