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2.1 Restoration. Port shall restore the City Covenant Property to its original <br /> condition as nearly as reasonably possible, to the extent that the disturbance is caused by Port' <br /> activities exercised pursuant to this Right of Entry. <br /> 2.2 Indemnity. To the extent that a Hazardous Substance (as that term is <br /> defined in Section 2.3 below) requires remediation from the City Covenant Property, the Port <br /> shall indemnify, defend and hold the City harmless from and against any and all claims, <br /> liabilities, loss, demands, liens, costs and expenses including reasonable attorneys' fees, agency <br /> orders, requirements or enforcement actions, suits and causes of action and damages including <br /> but not limited to any claim for damage to property or injury or death of any persons <br /> (collectively, the "Claims") arising from the presence on City Covenant Property or any adjacent <br /> property of any Hazardous Substance that was released onto, in or under the City Covenant <br /> Property from historic sources or the activities of the Port related to or in any way connected to <br /> its remedial activities on the City Covenant Property. Notwithstanding the foregoing, the Port <br /> shall not have any obligation to indemnify, defend or hold the City Harmless for any Claims <br /> arising from Hazardous Substances released or knowingly allowed by the City into the City <br /> Covenant Property or the adjacent property thereto. "City", as used in this Indemnity provision <br /> includes City's employees, officials, agents and invitees. <br /> 2.3 Definition of Hazardous Substance. As used in this Supplemental <br /> Environmental Covenant, the term "Hazardous Substance" shall mean (i) any "Hazardous <br /> Substance" under the Washington Model Toxics Control Action (Chapter 70.105D RCW), as <br /> amended from time to time and regulations promulgated thereunder; (ii) any substance, the <br /> presence of which is prohibited by any federal, state, county, municipal or other local <br /> governmental statutes, regulations, ordinances or resolutions; and (iii).other substances deemed <br /> hazardous, toxic, a pollutant, or contaminant, which by any federal, state, county, municipal or <br /> other local governmental statues, regulations, ordinances or resolutions require special handling <br /> or notification in its collection, storage,treatment or disposal. <br /> 3. Termination. This Supplemental Environmental Covenant shall terminate and be <br /> of no further force or effect upon Termination of the Environmental Covenant. <br /> 3 <br />