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<br />generation, spillage, migration, discharge, release,
<br />treatment, and disposal of any Toxic Materials.
<br />
<br />v) "Permittee Representative": Permittee's agents, employees,
<br />contractors, subtenants, licensees or invitees.
<br />
<br />vi) "Toxic Materials": (i) Substances that are toxic,
<br />corrosi ve, inflammable or ignitable; (ii) petroleum products,
<br />crude oil (or any fraction thereof) and their derivatives;
<br />(iii) explosives, asbestos, radioactive materials, hazardous
<br />wastes, toxic substances or related hazardous materials; (iv)
<br />noxious fumes, vapors, soot or smoke; and (v) substances which
<br />now or in the future are defined by applicable local, State or
<br />federal law as "hazardous substances," "hazardous materials,"
<br />"hazardous wastes," "reproductive toxins," or "toxic
<br />substances," or regulated under applicable local, state or
<br />federal law, including those so defined in or regulated under
<br />any of the following: 15 U.S. Code Section 2601, et seq. (the
<br />Toxic Substances Control Act); 33 U. S. Code Section 1251, et
<br />seq. (the Federal Water Pollution Control Act) i 42 U. S. Code
<br />Section 6901, et seq. (the Resource Conservation and Recovery
<br />Act); 42 U.S. Code Section 7401, et seq. (the Clean Air Act);
<br />42 U.S. Code Section 9601, et seq. (the Comprehensive
<br />Environmental Response, Compensation and Liability Act; 49
<br />U.S. Code Section 1801, et seq. (the Hazardous Materials
<br />Transportation Act); California Health & Safety Code ("H&S
<br />Code") Section 25100, et seq. (Hazardous Waste Control); H&S
<br />Code Section 25300, et seq. (the Ha zardous Substance Account
<br />Act); H&S Code Section 25404 et seq. (Unified Hazardous Waste
<br />and Hazardous Materials Management Regulatory Program); H&S
<br />Code Section 25531 et seq. (Hazardous Materials Management);
<br />H&S Code Section 18901 et seq. (California Building
<br />Standards); California Water Code Section 13000, et seq. (the
<br />Porter-Cologne Water Quality Control Act); local fire codes;
<br />the regulations adopted and promulgated pursuant to such
<br />statutes, and any regulations adopted pursuant to such
<br />statutes after the Commencement Date of the Agreement, as well
<br />as any subsequently enacted federal or California statute
<br />relating to the use, release or disposal of toxic or hazardous
<br />substances, or to the remediation of air, surface waters,
<br />groundwater, soil or other media contaminated with such
<br />substances; and any other substance designated by the Port as
<br />a Toxic Material, upon a finding by the Executive Director and
<br />notice to the Permittee, that the substance poses a hazard to
<br />human health, safety, or the environment.
<br />
<br />b) General. Permittee shall not cause or permit any Toxic Materials
<br />to be brought upon, remain, kept or used in or about the Premises
<br />or other Port property, by Permittee, its agents, employees or
<br />contractors. The above prohibition does not apply to Exempted
<br />Toxic Materials; provided, however, that with respect to cooling
<br />
<br />Oyster Bay Slough Trail Improvements
<br />RIGHT-OF-ENTRY AND
<br />INDEMNITY AGREEMENT
<br />l02681.v6
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