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5 <br />costs, investigation costs, and other expenses which result from or <br />arise in any manner whatsoever out of the use, storage, treatment, <br />transportation, release, disposal, or presence from any cause or <br />source whatsoever of Hazardous Materials on or about the Licensed <br />Area and any improvements constructed by District under this MOU <br />and License Agreement. <br /> <br />v. In the event that District or its elected officials, officers, employees, <br />agents, representatives, consultants, volunteers, or contractors cause <br />or allow any Hazardous Materials to be released, spilled, or <br />otherwise exposed through, in connection with, or during its <br />activities under this MOU and License Agreement, District shall be <br />solely responsible for all costs associated with the proper handling, <br />mitigation, remediation, and disposal of the Hazardous Materials <br />and all related cleanup. <br />C. Maintenance of Fencing and Licensed Area. District acknowledges responsibility <br />for installation, maintenance, and repair of Fencing. District shall be responsible <br />for the maintenance and upkeep of the property and improvements located thereon <br />and insure the same. City’s Park Division Manager, or his or her designee, may <br />contact District regarding any concerns about the Licensed Area or District <br />Fencing, and District and City shall reasonably work to promptly resolve such <br />concerns. <br />D. Public Access: The Licensed Area shall be open to public use any time during <br />weekday evenings (afterschool), weekdays during school breaks when school is not <br />in session, and weekends, year-round, when District sanctioned activities are not <br />taking place. <br />E. District Agrees to use the property which is the subject of this agreement for <br />recreational and educational purposes in conjunction with school activities. <br /> <br />3. CITY’S OBLIGATIONS. In consideration for District’s obligations under this <br />License Agreement, the City shall comply with the following obligations. <br /> <br />A. Fence Work. City’s obligations for the Fence Work include: <br /> <br />a) City to allow and provide the necessary access to the Licensed Area to <br />District and its contractors to perform the Fence Work. <br /> <br />B. Grant of Non-exclusive License. City shall allow District access to the Licensed <br />Area upon execution of this License Agreement. <br /> <br />Page 70 of 228