If any regulated or hazardous substance is released on, under, or about the Authority’s Terminals, or the adjacent surface waters, by Ocean Carrier or its agents, servants, employees, invitees, visitors, licensees, or contractors, the Ocean Carrier shall immediately notify the Georgia Ports Authority (GPA) Port Police Department and any regulatory agencies required to be notified under applicable Environmental Laws, including but not limited to the National Response Center and the United States Coast Guard, where applicable. Upon the occurrence of such an event, the Ocean Carrier shall, at its sole cost and expense and in accordance with applicable Environmental Laws, immediately take all actions necessary to return the Authority’s Terminals and/or the adjacent surface waters to the condition existing prior to the release. Cleanup and response activities shall be conducted in coordination with GPA and any regulatory agencies having jurisdiction. The Ocean Carrier shall comply with all applicable laws and regulations regarding follow up reporting, including written reports to the NRC.

If the Ocean Carrier fails to commence appropriate response or remediation efforts promptly, or if GPA determines that immediate action is necessary to protect public health, safety, or the environment, GPA may undertake such actions directly or through third-party contractors. Ocean Carrier agrees to reimburse GPA for all costs and expenses incurred, including contractor and administrative costs, within thirty (30) days of written demand.

The Ocean Carrier shall also provide to GPA copies of all correspondence, permits, and reports submitted to or received from any regulatory agency regarding the release or any investigation or remediation thereof, until such time as the responsible agency(ies) have confirmed that no further action is required. Nothing in this provision limits GPA’s rights and the Ocean Carrier’s obligations and responsibilities under MTOS Rule 34-061, Georgia law, or any applicable federal statute or regulation.