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Agency to pose a present or potential hazard to human health, welfare, or safety or to the
<br />environment. Hazardous Material includes any material or substance defined as a "hazardous
<br />substance," or "pollutant" or "contaminant" in CERCLA or section 25316 of the California Health
<br />& Safety Code; and any "hazardous waste" listed in section 25140 of the California Health &
<br />Safety Code; and petroleum, including crude oil or any fraction thereof, natural gas, or natural
<br />gas liquids.
<br />"Indemnified Parties" means the City, its Agents, its Invitees, and their respective heirs,
<br />legal representatives, successors, and assigns.
<br />"Indemnify" means to indemnify, defend (with counsel reasonably acceptable to an
<br />Indemnified Party), and hold harmless.
<br />"Integrated Pole" means a Pole designed to house street lighting and wireless
<br />communications equipment intended to provide efficient lighting and wireless communications
<br />signals in an integrated, aesthetically coherent structure. An Integrated Pole shall function as
<br />street lighting even if Equipment is not connected or is removed from the Integrated Pole, and
<br />said Integrated Pole shall be aesthetically compatible with street lights within the immediate
<br />vicinity.
<br />"Investigate and Remediate" means the undertaking of any activities to determine the
<br />nature and extent of Hazardous Material that may be located in, on, under, or about the License
<br />Area or that has been, is being, or is in danger of being Released into the environment, and to
<br />clean up, remove, contain, treat, stabilize, monitor, or otherwise control such Hazardous Material.
<br />"Invitees" when used with respect to either party includes the clients, customers, invitees,
<br />guests, tenants, subtenants, licensees, authorized assignees, and authorized sublicensees of
<br />that party in relation to the License Area.
<br />"Laws" means all present and future statutes, ordinances, codes, orders, regulations, and
<br />implementing requirements and restrictions of federal, state, county, and municipal authorities,
<br />whether foreseen or unforeseen, ordinary as well as extraordinary, as adopted or as amended at
<br />the time in question.
<br />"License Area" means, individually and collectively for all licensed City Poles, the portion
<br />of the City Poles approved for installation of Equipment, including pole tops, conduits housing the
<br />circuits delivering power to the City Poles and street light pull boxes and other City Property
<br />necessary for access.
<br />"License Fee" is defined in Subsection 4.2.1. "License Year" is defined in Subsection
<br />4.1.1. "Licensee" is defined in the preamble.
<br />"Master License" is defined in the preamble, and where appropriate in the context,
<br />includes all Pole Licenses issued under it.
<br />"NESC" is defined in Section 13.4.
<br />"Nonstandard City Pole" means a City Pole other than a Standard City Pole, including
<br />historic, decorative, or concrete City Poles, traffic signal poles, or intersection traffic control and
<br />safety poles.
<br />"Notice of Proposed Assignment" is defined in Section 16.2.
<br />"Permitted Assignment" is defined in Subsection 16.6.1.
<br />"Permitted Use" means Licensee's installation, operation, access to, and maintenance of
<br />Equipment for the transmission and reception of wireless, cellular telephone, and data and
<br />related communications equipment on License Areas.
<br />"Pole" means a street light pole or other utility pole in San Leandro (excluding traffic
<br />signal poles), whether owned and operated by the City or another entity.
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