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<br />T: 510.563.3693 F: 510.636.1216 <br /> <br />To Permittee: <br /> <br />Keith R. Cooke, Principal Engineer <br />City of San Leandro <br />835 E. 14ili Street <br />San Leandro, CA 94577 <br />T: 510 577 3439 <br /> <br />Notice by such mail shall be deemed given and received on the <br />earlier of the date of actual receipt and three (3) days after <br />mailing. If a party gives notice in writing to the other party of <br />any change in said address, then and in that event such notice shall <br />be given to party at the changed address specified in such notice. <br /> <br />14) Abatement of Noise: Permittee shall conduct its operations on <br />the Premises in such manner as will reduce to the minimum that is <br />reasonably practicable considering the nature and extent of <br />Permittee's operations the emanation from the Premises of dust, <br />noise, vibration, movement of air fumes and odors so as not to <br />interfere unreasonably with the use of adjoining premises. <br /> <br />15) Toxic Materials <br /> <br />a) Definitions: The following terms when used in this Agreement <br />wi th the initial letter (s) capi tali zed, whether in the singular <br />or plural, shall have the following meaning: <br /> <br />i) "Agreement": means this Permit. <br /> <br />ii) "Clean-up": Evaluation, investigation, testing, feasibility <br />studies, risk assessments, removal, disposal, remediation, <br />containment, capping, encapsulating and monitoring of Toxic <br />Materials and restoration of the Assigned Space. <br /> <br />iii) "Exempted Toxic Materials": Ordinary office and janitorial <br />supplies in amounts reasonably necessary for their intended <br />purpose, substances in cooling systems (e.g., refrigerators <br />and air conditioning units), or automobiles and the standard <br />contents therein, used in the ordinary course of Permittee's <br />permi tted uses, and cargo handled at the Port or transported <br />by maritime carriers, so long as said items are stored, used, <br />handled, transported and disposed of in accordance with all <br />Laws; provided, however, that with respect to cooling systems <br />and automobiles and the standard contents therein, Exempted <br />Toxic Materials shall not include the storage or use of any <br />Toxic Materials outside of a cooling system or an automobile. <br /> <br />iv) "Laws": All federal, state and local laws, statutes, <br />ordinances, codes including the Uniform Fire Code as adopted <br />by the City of Oakland, regulations and orders, relating to <br />the handling, use, storage, accumulation, transportation, <br /> <br />Oyste~ Bay Slough Trail Improvements <br />RIGHT-OF-ENTRY AND <br />INDEMNITY AGREEMENT <br />l02681.v6 <br /> <br />7 <br />