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(vii) any solid waste or solid waste decomposition products; (viii) any substance the presence of <br /> which is prohibited by any federal, state, county, municipal, or local governmental statutes, <br /> regulations, ordinances, or resolutions; and (ix) other substances deemed hazardous, toxic, a <br /> pollutant, or contaminant, which by any federal, state, county, municipal, or other local <br /> governmental statutes, regulations, ordinances, or resolutions require special handling or <br /> notification in its collection, storage, treatment, or disposal. <br /> 6. Title. The Port represents to the City that the Port is lawfully seized and possessed <br /> of the Property; the Port has a good and lawful right and power to grant this Easement; and the <br /> Property is free and clear of monetary encumbrances. The City acknowledges and agrees that it <br /> is taking the Easement without any warranty from the Port, and subject to any and all <br /> encumbrances of record. <br /> 7. Termination. If the City should abandon or cease to use the Easement or the <br /> Easement Area for the uses permitted hereby, then the Port may, at its option, terminate this <br /> Agreement and the rights of the parties hereunder by serving sixty(60) days' notice in writing to <br /> the City. Any waiver by the Port of any default or defaults shall not constitute a waiver of the <br /> right to terminate this Agreement, nor shall any waiver in any way affect the Port's ability to <br /> enforce this Agreement. Upon termination of this Agreement, whether by abandonment or <br /> otherwise, the City shall, at its sole cost and expense, promptly remove all of the City's <br /> improvements from the Easement Area and repair and restore any damage to the Easement Area <br /> or surrounding property arising from,out of,or in connection with the City's use of the Easement, <br /> including remedy of any unsafe conditions created or aggravated by the City. <br /> 8. Assignment; Binding Effect. This Agreement and the conditions herein contained <br /> shall be covenants running with the land and shall inure to the benefit of and be binding upon <br /> the parties hereto and their successors and assigns, including any subsequent owners of the <br /> Property. <br /> 6 <br />