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Effective Date of this License of not less than One Million Dollars ($1,000,000.00)
<br /> per occurrence. Licensee shall include the City as an additional insured.
<br /> The insurance policy required under this Section shall be with companies having a rating
<br /> according to Best's Insurance Key Rating Guide for Property—Casualties of no less than A- Class
<br /> VIII. The policy shall provide that it is not subject to cancellation, lapse or reduction in coverage
<br /> except after thirty (30) days' written notice to the City. Licensee shall deliver to the City, prior to
<br /> the commencement of its occupation of the Licensed Property and from time to time thereafter,
<br /> at the City's request, certificates evidencing the existence and amounts of such policy and copies
<br /> of such insurance policy.
<br /> (b) Waiver of Subrogation. The City and Licensee each mutually release the
<br /> other from every right, claim and demand which may hereafter arise in favor of either arising out
<br /> of or in connection with any loss occasioned by fire, earthquake or other casualty and such other
<br /> perils as are included in the provisions of the normal extended coverage clauses of fire and
<br /> casualty insurance policies, and hereby waive all rights of subrogation in favor of insurance
<br /> carriers arising out of any such losses and sustained by either the City or Licensee in or to the
<br /> Licensed Property or any property therein, but only to the extent of deductibles specified in the
<br /> insurance policies plus the insurance proceeds paid to such party under its policies of insurance
<br /> or, if it fails to maintain the required policies, the insurance proceeds that would have been paid
<br /> to such party if it had maintained such policies. This waiver of subrogation shall be effective to a
<br /> person or entity even though that person or entity would otherwise have a duty of
<br /> indemnification, contractual or otherwise,whether or not the person or entity paid the insurance
<br /> premium directly or indirectly, and whether or not the person or entity has an insurable interest
<br /> in the property damaged.
<br /> 16. HAZARDOUS MATERIALS.
<br /> (a) Licensee shall not cause or permit any storage, use, sale, release,
<br /> generation or disposal of any Hazardous Materials(as defined below) in, on or about the Licensed
<br /> Property; provided, however, Licensee shall be permitted without notice or the City's written
<br /> consent to handle, store, use or dispose of products containing small quantities of Hazardous
<br /> Materials, such as ordinary cleaning and ordinary maintenance products used by Licensee for
<br /> cleaning and maintenance in the reasonable and prudent conduct of the Approved Use on the
<br /> Licensed Property. Licensee further covenants and agrees that at all times during the Term of
<br /> this License, Licensee shall comply with all applicable Environmental Laws (as defined below),
<br /> now or hereafter in effect, regulating Licensee's occupation and/or operation and/or use of the
<br /> Licensed Property.
<br /> (b) "Hazardous Materials" means any waste, pollutant, contaminant,
<br /> chemical, petroleum product, pesticide, fertilizer, substance, or material that is defined,
<br /> classified, or designated as hazardous, toxic, radioactive, dangerous, or other comparable term
<br /> or category under any Environmental Laws (as defined below), including, but not limited to,
<br /> gasoline, oil or any byproducts or fractions thereof, polychlorinated biphenyls, per- and
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