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SECTION 7 INTERFERENCE WITH OTHER USES OF EASEMENT PROPERTY
<br /> Grantee shall exercise its rights under this Easement so as to minimize and avoid,to the fullest
<br /> extent reasonably possible, interference with State's use of the Easement Property or with the
<br /> public's right to use Port Gardner and its associated waters for purposes of recreation, navigation,
<br /> or commerce including rights under the Public Trust Doctrine. Any improvements constructed
<br /> by Grantee on the Easement Property shall be placed and constructed so as to allow,to the fullest
<br /> extent reasonably possible,unobstructed movement through the water column in the Easement
<br /> Property. Grantee shall also mark or record the location of the Permitted Use and any related
<br /> improvements in such locations and with such publications as are necessary to give reasonable
<br /> notice to the public of the existence of any hazards associated with the improvements, and the
<br /> location and limitations, if any, of the improvements. The signs and notices shall identify the
<br /> type of installation (e.g., "an outfall pipe")and shall identify Grantee as the person responsible
<br /> for the Permitted Use and its maintenance.
<br /> SECTION 8 ENVIRONMENTAL LIABILITY/RISK ALLOCATION
<br /> 8.1 Definition. "Hazardous Substance" means any substance which now or in the future
<br /> becomes defined or regulated under any federal, state, or local statute, ordinance,rule,regulation,
<br /> or other law relating to human health, environmental protection, contamination or cleanup,
<br /> including,but not limited to,the Comprehensive Environmental Response, Compensation and
<br /> Liability Act of 1980 ("CERCLA"),42 U.S.C. 9601 et seq., and Washington's Model Toxics
<br /> Control Act("MTCA"), RCW 70.105D.010 et seq.
<br /> 8.2 Use of Hazardous Substances. Grantee covenants and agrees that Hazardous
<br /> Substances will not be used, stored, generated,processed, transported,handled,released,or
<br /> disposed of on, in, under, or above the Easement Property,except in accordance and compliance
<br /> with all applicable laws,permits or licenses.
<br /> 8.3 Current Conditions, Duty of Utmost Care, and Duty to Investigate.
<br /> (a) State makes no representation about the condition of the Easement Property.
<br /> Hazardous Substances may exist in, on,under, or above the Easement Property.
<br /> With regard to any Hazardous Substances that may exist in, on,under, or above
<br /> the Easement Property, State disclaims any and all responsibility to conduct
<br /> investigations, to review any State records, documents or files, or to obtain or
<br /> supply any information to Grantee.
<br /> (b) Grantee shall exercise the utmost care with respect to both Hazardous Substances
<br /> in, on, under, or above the Easement Property as of the Commencement Date, and
<br /> any Hazardous Substances that come to be located in, on,under, or above the
<br /> Easement Property during the Term of this agreement, along with the foreseeable
<br /> acts or omissions of third parties affecting those Hazardous Substances, and the
<br /> October 14,2002 Page 8 of 27 Outfall Easement
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