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<br />38 <br />Release of Hazardous Material has occurred in, on, under, or about the License Area or other <br />City Property. <br />26.2 Licensee’s Environmental Indemnity. <br />If Licensee breaches any of its obligations contained in this Article, or if any act, omission, <br />or negligence of Licensee or any of its Agents or Invitees results in any contamination of the <br />License Area or other City Property, or in a Release of Hazardous Material from, on, about, in, or <br />beneath any part of the License Area or other City Property, or the violation of any Environmental <br />Law, then Licensee, on behalf of itself and its successors and assigns, shall Indemnify the City, <br />its Agents, and their respective successors and assigns from and against any and all Claims <br />(including damages for decrease in value of the License Area or other City Property, the loss or <br />restriction of the use of usable space in the License Area or other City Property and sums paid in <br />settlement of Claims, attorneys’ fees, consultants’ fees, and experts’ fees and related costs) <br />arising during or after the Term of this Master License relating to such Release or violation of <br />Environmental Laws; provided, however, Licensee shall not be liable for any Claims to the extent <br />such Release was caused by the gross negligence or willful misconduct of the City or its Agents. <br />Licensee’s Indemnification obligation includes costs incurred in connection with any activities <br />required to Investigate and Remediate any Hazardous Material brought onto the License Area or <br />other City Property by Licensee or any of its Agents or Invitees and to restore the License Area <br />or other City Property to its condition prior to Licensee’s introduction of such Hazardous Material <br />or to correct any violation of Environmental Laws. Licensee specifically acknowledges and <br />agrees that it has an immediate and independent obligation to defend the City and the other <br />Indemnified Parties from any Claim that actually or potentially falls within this Indemnity provision <br />even if the allegations supporting the Claim are or may be groundless, fraudulent, or false, which <br />obligation arises at the time such Claim is tendered to Licensee by the Indemnified Party and <br />continues until the Claim is finally resolved. Without limiting the foregoing, if Licensee or any of <br />its Agents or Invitees causes the Release of any Hazardous Material on, about, in, or beneath <br />the License Area or other City Property, then in any such event Licensee shall, immediately, at <br />no expense to any Indemnified Party, take any and all necessary actions to return the License <br />Area or other City Property, as applicable, to the condition existing prior to the Licensee’s <br />Release of any such Hazardous Materials on the License Area or other City Property or <br />otherwise abate the Release in accordance with all Environmental Laws, except to the extent <br />such Release was caused by the gross negligence or willful misconduct of the City or its Agents. <br />Licensee shall afford the City a full opportunity to participate in any discussions with Regulatory <br />Agencies regarding any settlement agreement, cleanup or abatement agreement, consent <br />decree, or other compromise or proceeding involving Hazardous Material. <br /> <br />27 SPECIAL PROVISIONS <br />27.1 Early Termination by Either Party. <br />If Licensee does not obtain all Regulatory Approvals for any Pole License by the first <br />anniversary of its effective date, either party will have the right to terminate that Pole License on <br />60 days’ notice, which the terminating party must deliver to the other party within 10 business <br />days after the first anniversary of the effective date of the Pole License to be terminated. If a Pole <br />License is terminated under this provision, the Commencement Date will be deemed not to <br />occur, and Licensee will have no obligation to pay the License Fee. If Licensee obtains all <br />Regulatory Approvals within such sixty (60) day period, City’s termination notice shall be deemed <br />revoked, and the Pole License shall remain in full force and effect. <br />27.2 Licensee’s Termination Rights. <br />27.2.1 No-Fault Termination of Master License. This Subsection will apply after <br />the Commencement Date of any Pole Licenses. If Licensee fails to obtain or loses