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<br />wi thin thirty (30) days of receiving written notification from the <br />Port, or such other time mutually agreed upon by the Port and <br />Permittee, the Port may enter the Premises and make any repairs that <br />it may consider neces sary to the preservation of the Premises. <br />Should any repairs be such as Permittee should have made hereunder, <br />Permittee shall immediately reimburse the Port for the cost of such <br />repairs, but the making of such repairs by the Port shall in no <br />event be construed as a waiver of the Port's right to require <br />Permittee to keep said Premises in repair as herein provided. <br /> <br />6) Premises to be Kept Clean and Non-Disturbance of Natural Resources: <br />Permittee, during the time of construction of the Trail Improvements <br />and for any specific areas during any such time that the Contractor <br />must effect such warranty repairs, shall keep said Premises in a <br />neat, clean and orderly condition, and shall prevent the <br />accumulation of and shall maintain said Premises free of any weeds, <br />refuse or waste materials which present an unattractive appearance <br />or which might be or constitute a fire hazard, or the accumulation <br />of which might increase the rates of or suspend existing fire <br />insurance on said Premises. Furthermore, Permittee shall take all <br />action necessary to protect wetland habitats on or in proximity of <br />the Premises and to prevent any takings of plant or animals species <br />protected under the Endangered Species Act. If Permittee fails to <br />maintain said Premises free of any weeds, refuse or waste materials, <br />or fails to protect wetlands or protected species, the Port shall <br />have the option to remove said refuse and to take actions to protect <br />wetlands and protected species, and Permittee shall immediately <br />reimburse the Port for the cost thereof. The performance of such <br />action by the Port shall in no event be construed as a waiver of the <br />duty of Permittee to keep the Premises clean or to protect wetlands <br />and protected species as herein provided. Permittee's duty to keep <br />the Premises clean as set forth in this Paragraph 6 shall include <br />the removal of weeds, refuse and waste materials which emanate from <br />the Premises and scatter onto adjoining property. <br /> <br />7) Equal Opportunity; Nondiscrimination: In furtherance of the Port's <br />long-standing policy to ensure that equal employment opportunity is <br />achieved and nondiscrimination is guaranteed in all Port-related <br />acti vi ties, Permittee for himself, his heirs, his personal <br />representatives, successors in interest and assigns, as part of the <br />consideration hereof, does hereby covenant and agree with respect to <br />Permittee's activities upon the Premises and as a covenant running <br />with the land: <br /> <br />a) That Permittee shall not discriminate against any employee or <br />applicant for employment because of race, color, religion, sex, <br />actual or perceived sexual orientation, national origin, age, <br />physical handicap or disability as set forth in the Americans <br />wi th Disabilities Act of 1990, or veteran's status. Permittee <br />shall take affirmative action to ensure that applicants and <br />employees are treated fairly. Such action shall include, but not <br /> <br />Oyster Bay Slough Trail Improvements <br />RIGHT-OF-ENTRY AND <br />INDEMNITY AGREEMENT <br />l02681.v6 <br /> <br />3 <br />