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(b) "Release or threatened release of Hazardous Substance"means a release or
<br /> threatened release as defined under any Hazardous Substance law.
<br /> 5.2 General Conditions. Licensee shall exercise the utmost care with respect to Hazardous
<br /> Substances, including the foreseeable acts or omissions of third parties affecting Hazardous
<br /> Substances, consistent with the standard of care applicable under the Model Toxics Control Act,
<br /> RCW 70.105D.040.
<br /> 5.3 Use of Hazardous Substances.
<br /> (a) Licensee, its contractors, agents, employees, guests, invitees, or affiliates shall not
<br /> use, store, generate,process, transport,handle,release, or dispose of Hazardous
<br /> Substances on the Property or adjacent state-owned aquatic lands, except in
<br /> accordance with all applicable laws.
<br /> (b) Licensee shall not undertake, or allow others to undertake by Licensee's
<br /> permission, acquiescence, or failure to act, activities on the Property or adjacent
<br /> state-owned aquatic lands that:
<br /> (1) Result in a release or threatened release of Hazardous Substances, or
<br /> (2) Cause, contribute to, or exacerbate any contamination exceeding
<br /> regulatory cleanup standards whether the regulatory authority requires
<br /> cleanup before, during, or after Licensee's activities on the Property.
<br /> 5.4 In the Event of a Release or Threatened Release.
<br /> (a) Licensee shall immediately notify State if the Licensee becomes aware of any
<br /> release or threatened release of Hazardous Substance on the Property.
<br /> (b) If a Licensee's act or omission results in a release of Hazardous Substances,
<br /> Licensee, at its sole expense, shall promptly take all actions necessary or
<br /> advisable to clean up, contain, and remove the Hazardous Substances in
<br /> accordance with applicable laws.
<br /> SECTION 6 ASSIGNMENT
<br /> Licensee shall not assign this Right of Entry.
<br /> SECTION 7 INDEMNITY AND INSURANCE
<br /> 7.1 Indemnity.
<br /> (a) Licensee shall indemnify, defend, and hold State, its employees, officers, and
<br /> agents harmless from any Claims arising out of the Activities or related activities
<br /> by Licensee, its contractors, agents, invitees, guests, employees or affiliates.
<br /> (b) "Claim" as used in this Subsection 7.1 means any financial loss, claim, suit,
<br /> action, damages, expenses, fees (including attorneys' fees), penalties, or
<br /> judgments attributable to bodily injury, sickness, disease, death, and damages to
<br /> tangible property, including, but not limited to, land, aquatic life, and other
<br /> natural resources. "Damages to tangible property"includes,but is not limited to,
<br /> Aquatic Lands Right of Entry Page 3 of 12 Right of Entry No.23-093653
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