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Kimberly Clark Worldwide Inc 7/29/2019 (2)
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Kimberly Clark Worldwide Inc 7/29/2019 (2)
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Last modified
9/10/2019 11:10:07 AM
Creation date
9/10/2019 11:09:57 AM
Metadata
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Template:
Contracts
Contractor's Name
Kimberly Clark Worldwide Inc
Approval Date
7/29/2019
Department
Facilities
Department Project Manager
Mike Palacios
Subject / Project Title
Easement for K C Mill Property
Tracking Number
0001985
Total Compensation
$0.00
Contract Type
Real Property
Contract Subtype
Easements
Retention Period
10 Years Then Transfer to State Archivist
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6. Refuse, Waste and Hazardous Substances <br /> Except as otherwise provided in the Environmental Agreement: <br /> A. Refuse and Waste. Grantee shall not make, or suffer to be made, any filling in of <br /> the Easement Area of any deposit of refuse, garbage, hydrocarbons, pollutants, hazardous,toxic or <br /> harmful substances, or other waste matter (including chemical, biological, or toxic wastes) within <br /> or upon the Easement Area, except as approved in writing by the Grantor(which approval may be <br /> withheld in Grantor's sole discretion). At all times during the term of the easement granted under <br /> this Agreement, Grantee shall not commit or suffer waste to be committed to the Easement Area. <br /> B. Grantee to Take Corrective Action. If Grantee fails to remove all non-approved <br /> fill material, refuse, garbage, wastes, or other of the above materials from the Easement Area and <br /> restore the Easement Area to its condition immediately prior to the deposit of the unauthorized <br /> material within sixty (60) days following written notice from Grantor, or if such removal and <br /> restoration cannot reasonably be accomplished within sixty (60) days if Grantee fails to commence <br /> such removal or restoration within sixty (60) days or having commenced such removal or <br /> restoration, fails to diligently and continually prosecute such removal or restoration to completion, <br /> Grantee agrees that the Grantor may remove such materials and charge the Grantee for the cost of <br /> removal and disposal, which cost shall be reimbursed by Grantee within thirty (30) days of receipt <br /> of an invoice accompanied by reasonable supporting documentation. <br /> 7. Relocation. <br /> Grantor reserves the right to, at Grantor's cost and expense, require the Grantee (and Grantee <br /> Parties)to relocate the Easement Area(or any portion thereof)and the Easement Improvements (or <br /> any portion thereof) to another location on the Property, subject to the Grantee's approval, which <br /> shall not be unreasonably withheld,by mutual written agreement of Grantor and Grantee, and upon <br /> such further relocation, the Easement Area as relocated shall automatically be deemed the new <br /> easement area. Any such relocation work shall be done in a good and workmanlike manner and in <br /> compliance with all applicable laws. As a part of any relocation of the Easement Area, this <br /> Easement shall be revised to reflect the location of the new easement area. The cost of relocation, <br /> which shall be borne solely by Grantor, is intended to include the cost of necessary relocation of <br /> Grantee utility improvements outside the Easement Area if that becomes necessary in order to <br /> relocate the Easement Improvements within the Easement Area. <br /> 8. Liability of Grantee. <br /> Grantee will be responsible for its compliance with all of the terms, covenants, conditions and <br /> provisions of this Agreement. In the event of any breach by Grantee of the obligations of this <br /> Agreement, Grantee shall be responsible for all damages, liabilities and costs of corrective or <br /> remediation action measures resulting from its actions as provided in paragraph 10 of this <br /> Agreement. <br /> 9. Insurance <br /> Prior to commencement of construction activities by Grantee or its contractor or other activities by <br /> Grantee on Grantor's Property, Grantee shall submit to Grantor a certificate of insurance that <br /> 5 <br />
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