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<br />25.2.2 Without Consent. Any holding over without the City’s consent will be a
<br />default by Licensee and entitle the City to exercise any or all of its remedies, even if the
<br />City elects to accept one or more payments of License Fees, Additional Fees, or other
<br />amounts payable to the City from Licensee after the Expiration Date.
<br />26 HAZARDOUS MATERIALS
<br />26.1 Hazardous Materials in License Area.
<br />Licensee covenants and agrees that neither Licensee nor any of its Agents or Invitees
<br />shall cause or permit any Hazardous Material to be brought upon, kept, used, stored, generated,
<br />disposed of, or released in, on, under, or about the License Area or any other part of City
<br />Property, or transported to or from any City Property in violation of Environmental Laws, except
<br />that Licensee may use small quantities of Hazardous Materials as needed for routine operation,
<br />cleaning, and maintenance of Licensee’s Equipment that are customarily used for routine
<br />operation, cleaning, and maintenance of such equipment and so long as all such Hazardous
<br />Materials are contained, handled, and used in compliance with Environmental Laws. Licensee
<br />shall immediately notify the City if and when Licensee learns or has reason to believe any
<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.
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