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<br />systems and to automobiles and the standard contents therein,
<br />this sentence shall not apply to the storage or use of any Toxic
<br />Materials outside of a cooling system or an automobile.
<br />Permittee's obligations under the provisions in this Paragraph 15
<br />of Exhibit "E" shall apply notwithstanding the party, known or
<br />unknown, responsible for the Toxic Materials, except solely in
<br />the case where the Toxic Materials are brought upon the Premises
<br />by the Port or the Port's agents. permi t tee shall be solely
<br />responsible to assure that no person brings Toxic Materials onto
<br />the Premises.
<br />
<br />i) Notwithstanding any other provision of this paragraph 15, of
<br />Exhibi t "E" Permittee shall not be responsible for any Toxic
<br />Material that was on the Premises prior to Permittee's taking
<br />possession exception as follows: (A) Permittee shall be
<br />responsible for any such Toxic Material to the extent that the
<br />scope of contamination, or the cost of investigation, Clean-
<br />Up, remediation or restoration, is increased as a result of
<br />Permittee's failure, after Permittee knows, or has a
<br />reasonable basis to believe, that Toxic Materials are on the
<br />Premises, promptly and reasonably to (i) notify the Port in
<br />wri ting of such Toxic Material s, or (ii) take precautionary
<br />measures to alter its operations and the activities of other
<br />parties on the Premises in order to assure that such
<br />operations or activities do not increase the scope of
<br />contamination or the cost of investigation, Clean-Up,
<br />remediation or restoration, or (iii) provide the Port prompt
<br />and adequate access to the Premises in order to undertake all
<br />investigation, Clean-Up, remediation or restoration
<br />activities; (8) Permittee shall be responsible for any such
<br />Toxic Materials on the Premises prior to Permittee's taking
<br />possession if such Toxic Materials were present on the
<br />Premises due to the negligent or intentional acts or omissions
<br />of Permittee; and (C) Permittee shall be responsible in
<br />accordance with subparagraph (c) below.
<br />
<br />c) Compliance With Laws. Permittee shall comply, at its sole cost,
<br />wi th all federal, state and local laws, statutes, ordinances,
<br />codes, regulations and orders relating to the receiving,
<br />handling, use, storage, accumulation, transportation, generation,
<br />spillage, migration, discharge, release and disposal of any
<br />flammable, combustible , explosive, infectious , corrosive,
<br />caustic, irr i tant, strong sensi ti zing, carcinogenic or
<br />radioactive materials, hazardous wastes or toxic substances,
<br />including without limitation, all refined or unrefined, new or
<br />used, petroleum (including, without limitation, oil, gasoline,
<br />diesel, bunker oil, oil and grease and aviation gas) crude oil or
<br />any fraction thereof, natural gas, natural gas liquids, liquefied
<br />natural gas, or synthetic gas useable for fuel (or mixtures of
<br />natural gas and such synthetic gas), substances defined as
<br />"hazardous substances," "hazardous materials," "toxic substances"
<br />
<br />Oyster Bay Slough Trail Improvements
<br />RIGHT-OF-ENTRY AND
<br />INDEMNITY AGREEMENT
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