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<br />Conservation License (rev. 12/16) Page 4 of 23 License No. 23-108200 <br />(b) Licensee shall not use or install tires at any location above or below water. <br />(c) Licensee shall install only floatation material encapsulated in a shell resistant to <br />ultraviolet radiation and abrasion. The shell must be capable of preventing <br />breakup and loss of flotation material into the water. <br />(d) Licensee shall not allow new floating structures to come in contact with <br />underlying tidelands or bedlands (“ground out”). Licensee must either (1) locate <br />all new floating structures in water too deep to permit grounding out or (2) install <br />stoppers sufficient to maintain a distance of at least 1.5 feet (0.5 meters) between <br />the bottom of the floats and the substrate. <br /> <br />5.5 Improvements at End of Term. Improvements installed by Licensee merge with the <br />Property upon termination of the License, unless the Parties agree otherwise. Ownership of <br />Improvements does not alter Licensee’s obligations under Paragraph 2.1(d). <br /> <br />5.6 Disposition of Personal Property. Licensee shall remove Personal Property from the <br />Property before termination of the License. <br /> <br /> <br />SECTION 6 ENVIRONMENTAL LIABILITY <br /> <br />6.1 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 6.1(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 standard of care applicable under the Washington State Model Toxics Control <br />Act (“MTCA”), Chapter 70A.305 RCW, as amended. <br />(d) “Licensee and affiliates” when used in this Section 6 means Licensee or <br />Licensee’s subcontractors, agents, employees, guests, invitees, or any person on <br />the Property with the Licensee’s permission. <br /> <br />6.2 General Conditions. Licensee shall exercise the utmost care with respect to Hazardous <br />Substances. <br /> <br />6.3 Use of Hazardous Substances. <br />(a) Licensee 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) Licensee shall not undertake, or allow others to undertake by Licensee’s <br />permission, acquiescence, or failure to act, activities that result in a release or <br />threatened release of Hazardous Substances. <br />Docusign Envelope ID: 9AF27A6B-A801-4DA1-8CF6-CC7F0385775B