Agmt 2007 City of Oakland Port Commissioners

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permi ttee is not required, however, to provide Port with any portion(s) of the Documents containing information of a proprietary nature which, in and of itself, does not contain a reference to any Toxic Materials or hazardous acti vi ties which are not otherwise identified to Port in such Document, unless any such Document names Port as an "Owner" or "Operator" of the facili ty in which Permittee is conducting its business. It is not the intent of this paragraph, unless necessary for the Port to comply with the law or to enforce provisions of this Agreement or otherwise secure the Port's rights, to provide Port with information which could be detrimental to Permittee's business should such information become possessed by Permittee's competitors. n) Expiration of Term of Agreement. Permittee regularly shall monitor and inspect the Premises and all activities thereon with the objectives of discovering any Toxic Materials that Permittee is required under the terms of this Agreement to remove upon expiration or termination of the Agreement and of making reasonable and adequate provisions for assuring that removal is accomplished before such expiration or termination. In all cases where reasonably possible, before expiration or termination of this Agreement, and in all other cases promptly after the scheduled date of expiration or termination of this Agreement, Permittee shall take any and all action required to be taken under the Laws in order to surrender the Premises to Port in a condi tion which would be completely free of any and all Toxic Materials, for which Permittee has clean-up responsibility under item (g) above. Permittee, or its agents, employees, contractors, permittees or invitees shall not install any storage tanks in, on or under the Premises. 0) Prohibited Substances. The following substances are prohibited from being brought into the Premises except to the extent they are included as Exempt Toxic Materials under item (a) hereof because they are j ani torial or office supplies, substances used in cooling systems (e.g., refrigerators and air conditioning units) or automobiles and the standard contents therein: . Arsines . Asbestos . Arsines . Chlorinated Hydrocarbons . Etching solutions . Fluorocarbons . Freon . Dioxins, incl uding dioxin precursors and intermediates. . Anything contained in the California List of Extremely Hazardous Chemicals. Oyster Bay Slough Trail Improvements RIGHT-OF-ENTRY AND INDEMNITY AGREEMENT l02681.v6 14