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<br />Permittee knows or has reasonable cause to believe that any <br />release of a Toxic Material has come to be located on or beneath <br />the Premises, Permittee within a reasonable period of time, <br />ei ther prior to the release or following the discovery of the <br />presence or believed presence of the Toxic Material, shall give <br />written notice of that condition to the Port. <br /> <br />k) Safety. Permittee shall maintain Material safety Data Sheets for <br />each and every Toxic Material, product or material used by <br />Permittee, its agents, employees, contractors, Permittees, or <br />invitees used on the Premises, as required under the Hazard <br />Communication Standard in 29 CFR 51910.1200, and any comparable <br />state or local statute or regulation. Such information shall be <br />kept current at all times and shall be kept in a place accessible <br />to Port at any time for inspection and in the event of emergency. <br /> <br />1) Fees, Taxes and Fines. Permi t tee shall pay, prior to <br />delinquency, any and all fees, taxes (including excise taxes) and <br />fines which are charged upon or incident to any activities on or <br />related to Toxic Materials for which Permittee is required to <br />indemnify the Port under item (e) above, and shall not allow such <br />obligations to become a lien or charge against the Premises or <br />upon Port. <br /> <br />m) Delivery of Documentation. Permittee shall maintain for periodic <br />inspection by the Port and deliver to Port true and correct <br />copies of the following documents (hereinafter referred to as the <br />"Documents"), except for documents protected by the attorney- <br />client privilege, related to the handling, storage, disposal and <br />emission of Toxic Materials, concurrently with the receipt from <br />or submission to a governmental agency: <br /> <br />Permi ts; approvals; reports and correspondence; <br />storage and management plans; spill prevention <br />control and countermeasure plans; other spill <br />contingency and emergency response plans; <br />documents relating to taxes for toxic materials; <br />notice of violations of any Laws; plans relating <br />to the installation of any storage tanks to be <br />installed in, under or around the Premises <br />(provided, said installation of tanks shall only <br />be permitted after Port has given Permittee its <br />written consent to do so, which consent may be <br />withheld in Port's sole discretion); and all <br />closure plans or any other documents required by <br />any and all federal, state and local governmental <br />agencies and authorities for any storage tanks or <br />other facilities installed in, on or under the <br />Premises. <br /> <br />Oyster Bay Slough Trail Improvements <br />RIGHT-OF-ENTRY AND <br />INDEMNITY AGREEMENT <br />102681.v6 <br /> <br />13 <br />