Agmt 2012 S J Amoroso Construction Co Inc

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4. Conditions of Use. Licensee's right to enter upon and use the Premises is limited to the Permitted Activity (defined in Section 1 above) subject to compliance with all conditions set forth in this Section ( "Conditions of Use"). Without limiting the foregoing, Licensee agrees to comply with all of the following specific requirements: a. Licensee shall be liable for any damage to the Property or the Improvements or any part thereof, or any other property of the City or City right of way (all of the foregoing, collectively, "City Property") that occurs as a result of this License and the use of • the Premises, unless caused by the negligence or willful misconduct of the City or its employees, agents or contractors. Any damage to the Premises or City Property shall be immediately repaired to the satisfaction of City at Licensee's sole cost and expense. b. Licensee shall not encroach on the public right of way adjacent to the Property. c. Licensee shall comply with all Conditions of Use and with all state, federal and local laws, regulations, rules and orders, applicable to this License, the Premises or the Permitted Activity, including without limitation all Environmental Laws (defined in Exhibit A attached hereto and incorporated herein by reference. Licensee shall not cause or permit any Hazardous Material (defined in Exhibit A) to be generated, brought onto, used, stored, or disposed of in or about the Premises. Notwithstanding the foregoing, Licensee shall be permitted to store flammable materials and chemicals of such type and in such amount required for Licensee's activities related to the WPCP Project, and only in compliance with all applicable local, state and federal laws, ordinances, rules, and regulations, including without limitation Environmental Laws. Under no circumstances shall Licensee be permitted to store explosive chemicals or materials on the Premises. (1) Notice of Release or Investigation. If during the term of this Agreement, Licensee becomes aware of (a) any actual or threatened release of any Hazardous Material on, under, or about the Premises or (b) any inquiry, investigation, proceeding, or claim by any government agency or other person regarding the presence of I- Iazardous Material on, under, or about the Premises, Licensee shall give City written notice of the release or investigation within three (3) days after learning of it and shall simultaneously furnish to City copies of any claims, notices of violation, reports, or other writings received by Licensee that concern the release or investigation. (ii) Remediation Obligations. If the presence of any Hazardous Material brought onto the Premises by Licensee or Licensee's agents, employees, invitees, customers, consultants, contractors or subcontractors results in contamination of the Premises, Licensee shall promptly take all necessary actions to remove or remediate such Hazardous Materials, whether or not they are present at concentrations exceeding state or federal maximum concentration or action levels, or any governmental agency has issued a cleanup order, at Licensee's sole expense, to return the Premises to the condition that existed before the introduction of such Hazardous Material. Licensee shall first obtain City's approval of the proposed removal or remedial action.