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<br />Effective Date of this License of not less than Two Million Dollars ($2,000,000.00)
<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. Receipt by the City or the City’s designee of any certificate or other
<br />insurance document showing less coverage than required is not a waiver of Licensee’s obligations
<br />to fulfill the requirements of this Section. No statement on a third -party website (such as a
<br />Trustlayer) that a requirement is “waived” or “overridden” is a waiver of Licensee’s obligations
<br />to fulfill the requirements of this Section.
<br />(b) Waiver of Subrogation. Licensee intends that its property loss risks shall
<br />be borne by reasonable insurance carriers to the extent above provided, and Licensee hereby
<br />agrees to look solely to, and seek recovery only from, its respective insurance carriers in the event
<br />of a property loss to the extent that such coverage is agreed to be provided hereunder. Licensee
<br />hereby waives all rights and claims for such losses, and waives all rights of subrogation of its
<br />respective insurers, provided such waiver of subrogation shall not affect the rights to the insured
<br />to recover thereunder. Licensee agrees that its respective insurance policies are now, or shall
<br />be, endorsed such that the waiver of subrogation shall not affect the right of the insured to
<br />recover thereunder, so long as no material additional premium is charged therefor .
<br />15. 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
<br />polyfluoroalkyl substances, asbestos, paints, solvents, lead, cyanide, radioactive material, or any
<br />other materials which have adverse effects on the environment or the health and safety of
<br />persons.
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