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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 <br /> <br />8 <br />