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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 14 of 57 Lease No. 20-107205 <br />8.2 General Conditions. <br />(a) Tenant’s obligations under this Section 8 extend to the area in, on, under, or <br />above: <br />(1) The Property; and <br />(2) Adjacent state-owned aquatic lands if affected by a release of Hazardous <br />Substances that occurs as a result of the Permitted Use. <br />(b) Standard of Care. <br />(1) Tenant shall exercise the utmost care with respect to Hazardous <br />Substances. <br />(2) Tenant shall exercise utmost care for the foreseeable acts or omissions of <br />third parties with respect to Hazardous Substances, and the foreseeable <br />consequences of those acts or omissions, to the extent required to establish <br />a viable, third-party defense under the law. <br /> <br />8.3 Current Conditions and Duty to Investigate. <br />(a) State makes no representation about the condition of the Property or adjacent <br />state-owned aquatic lands. Hazardous Substances may exist in, on, under, or <br />above the Property or adjacent state-owned aquatic lands. <br />(b) This Lease does not impose a duty on State to conduct investigations or supply <br />information to Tenant about Hazardous Substances. <br />(c) Tenant is responsible for conducting all appropriate inquiry and gathering <br />sufficient information about the existence, scope, and location of Hazardous <br />Substances on or near the Property necessary for Tenant to meet Tenant’s <br />obligations under this Lease and utilize the Property for the Permitted Use. <br /> <br />8.4 Use of Hazardous Substances. <br />(a) Tenant and affiliates shall not use, store, generate, process, transport, handle, <br />release, or dispose of Hazardous Substances, except in accordance with all <br />applicable laws. <br />(b) Tenant shall not undertake, or allow others to undertake by Tenant’s permission, <br />acquiescence, or failure to act, activities that result in a release or threatened <br />release of Hazardous Substances. <br />(c) If use of Hazardous Substances related to Tenant’s Permitted Use or Tenant’s use <br />or occupancy of the Property results in violation of law: <br />(1) Tenant shall submit to State any plans for remedying the violations, and <br />(2) Tenant shall implement any remedial measures to restore the Property or <br />natural resources that State may require in addition to remedial measures <br />required by regulatory authorities. <br /> <br />8.5 Management of Contamination, if any. <br />(a) Tenant and affiliates shall not undertake activities that: <br />(1) Damage or interfere with the operation of remedial or restoration <br />activities, if any; DRAFT