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<br />contamination or deterioration of water or soil or other portions <br />of the Premises on account of Toxic Materials, then Permittee <br />shall promptly take any and all action necessary to clean up such <br />contamination or remediate such deterioration in any manner as <br />required by law. Permittee shall provide Port with written <br />notification of all actions taken by Permittee, its agents, <br />employees, representatives, directors and officers to Clean-Up <br />such contamination. If Permittee fails to take such action after <br />prior written notice from the Port, Port may, but shall not be <br />obligated to, take such action. In such event, all costs <br />incurred by Port with respect to such Clean-Up acti vi ties shall <br />be for the account of Permi ttee. "Clean-up" as used herein, <br />shall include investigation, feasibility studies, remediation and <br />monitoring. <br /> <br />h) Notices and Consent. In addition to Permittee's obligations to <br />report spillage, discharge, release and disposal of Toxic <br />Materials to local, state and federal agencies, Permittee shall <br />immediately provide Port with telephonic notice, which shall <br />later be confirmed by written notice, of any and all spillage, <br />discharge, release and disposal of Toxic Materials onto or within <br />the Premises or other Port property and any injuries or damages <br />resul ting directly or indirectly therefrom. Further, Permittee <br />shall deliver to Port each and every notice or order received <br />from governmental agencies concerning Toxic Materials and the <br />possession, use and/or disposal thereof promptly upon receipt of <br />each such notice or order. <br /> <br />i) Storage and Use of Toxic Materials. Subj ect to the Permitted <br />Uses as defined elsewhere in this agreement, Permittee shall <br />store in a manner approved or prescribed by law and in accordance <br />with any applicable conditions under this agreement, any and all <br />Toxic Materials permitted wi thin the Premises pursuant to this <br />Agreement, which if discharged or emitted into the atmosphere, <br />upon the ground or into or on any body of water does or may (1) <br />pollute or contaminate the same, or (2) adversely affect the (a) <br />health, safety or welfare of persons, whether on the Premises or <br />elsewhere, or (b) the condition, use or enjoyment of the <br />Premises, or any real or personal property whether on the <br />Premises or anywhere else. There shall be no ponding or surface <br />storage whatsoever of Toxic Materials within the Premises or <br />within any other Port property. <br /> <br />j) Disposal of Toxic Materials. Notwithstanding anything to the <br />contrary contained in this paragraph 14 of Exhibit ~Bu or <br />elsewhere in this Agreement, Permittee shall not dispose of any <br />Toxic Material, regardless of the quantity or concentration, <br />within the storm and/or sanitary sewer drains and plumbing <br />facili ties wi thin the Premises, or other property of Port. The <br />disposal of Toxic Material shall be in approved containers and <br />removed from the Premises only by duly licensed carriers. If <br /> <br />Oyster Bay Slough Trail Improvements <br />RIGHT-OF-ENTRY AND <br />INDEMNITY AGREEMENT <br />l02681.v6 <br /> <br />12 <br />