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THIS DRAFT DOES NOT CONSTITUTE AN OFFER <br />NOR A COMMITMENT TO EXTEND AN OFFER <br />Aquatic Lands Lease (Rev. 7/20/2022) Page 13 of 57 Lease No. 20-107205 <br />higher than the full market value of the use of the land for the Unauthorized <br />Improvements from the time of installation or construction until State consents. <br /> <br />7.7 Personal Property. <br />(a) Tenant retains ownership of Personal Property unless Tenant and State agree <br />otherwise in writing. <br />(b) Tenant shall remove Personal Property from the Property by the termination of <br />the Lease. Tenant is liable for damage to the Property and any Improvements that <br />may result from removal of Personal Property. <br />(c) State may sell or dispose of all Personal Property left on the Property after the <br />termination of the Lease. <br />(1) If State conducts a sale of Personal Property, State shall first apply <br />proceeds to State’s costs of removing the Personal Property, State’s costs <br />in conducting the sale, and any other payment due from Tenant to State. <br />State shall pay the remainder, if any, to the Tenant. Tenant shall be liable <br />for any costs of removing the Personal Property and conducting the sale <br />that exceed the proceeds received by State. <br />(2) If State disposes of Personal Property, Tenant shall pay for the cost of <br />removal and disposal. <br /> <br /> <br />SECTION 8 ENVIRONMENTAL LIABILITY/RISK ALLOCATION <br /> <br />8.1 Definitions. <br />(a) “Hazardous Substance” means any substance that now or in the future becomes <br />regulated or defined under any federal, state, or local statute, ordinance, rule, <br />regulation, or other law relating to human health, environmental protection, <br />contamination, pollution, or cleanup. <br />(b) “Release or threatened release of Hazardous Substance” means a release or <br />threatened release as defined under any law described in Paragraph 8.1(a). <br />(c) “Utmost care” means such a degree of care as would be exercised by a very <br />careful, prudent, and competent person under the same or similar circumstances; <br />the utmost care required under RCW 70A.305.040(3)(a)(iii) of the Washington <br />State Model Toxics Control Act. <br />(d) “Tenant and affiliates” when used in this Section 8 means Tenant or Tenant’s <br />subtenants, contractors, agents, employees, guests, invitees, licensees, affiliates, <br />or any person on the Property with the Tenant’s permission. <br />(e) “Liabilities” as used in this Section 8 means any claims, demands, proceedings, <br />lawsuits, damages, costs, expenses, fees (including attorneys’ fees and <br />disbursements), penalties, or judgments. <br /> <br /> <br /> <br /> DRAFT