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remove Grantee's improvements, restore the ground or take such measures at the
<br /> expense of Grantee, and Grantor shall not be liable therefor.
<br /> 17. Refuse, Waste and Hazardous Substances:
<br /> (a) Refuse. Grantee shall not make, or suffer to be made, any filling in of the Right
<br /> of Way or any deposit or rock, earth, ballast, refuse, garbage, waste matter
<br /> (including chemical, biological, or toxic wastes), hydrocarbons, any other
<br /> pollutants, or other matter within or upon the Right of Way, except as approved
<br /> in writing by the Grantor. If Grantee shall fail to remove all non-approved fill
<br /> material, refuse, garbage, wastes, or other of the above materials form the Right
<br /> of Way and restore the Right of Way to its condition immediately prior to the
<br /> deposition of the unauthorized material, Grantee agrees that the Grantor may
<br /> remove such materials and charge Grantee for the cost of removal and disposal
<br /> together with interest thereon from the date of expenditure at the rate of one
<br /> percent per month (or at such higher rate as may be authorized by statute
<br /> subsequent to the execution date of this Agreement).
<br /> (b) Waste. At all times during the Term, Grantee shall neither commit nor suffer
<br /> waste to be committed to the Right of Way.
<br /> (c) Hazardous, Toxic or Harmful Substances.
<br /> 1. Except for the pre-existing petroleum contamination already documented by
<br /> Grantee, Grantee shall not keep, use, dispose, transport, release or generate
<br /> on or about the Right of Way any substances now or hereinafter designated
<br /> as, and/or containing components now or hereinafter designated as, and/or
<br /> which are subject to regulation as, hazardous, toxic, dangerous, or harmful by
<br /> any federal, state, of local law, regulation, statute, or ordinance, including but
<br /> not limited to the Resource Conservation and Recovery Act, Comprehensive
<br /> Environmental Response Compensation and Liability Act, Superfund
<br /> Amendments and Re-authorization Act of 1986, and the Washington Model
<br /> Toxic Control Act (hereinafter collectively referred to as "Hazardous
<br /> Substances"), in violation of any such law, regulation, statute, or ordinance.
<br /> 2. Grantee shall promptly notify Grantor of all new spills or releases of any
<br /> Hazardous Substances which are otherwise required to be reported to any
<br /> federal, state, or local regulator agency and, upon notice thereof, shall
<br /> promptly notify Grantor of all failures to comply with any federal, state, or
<br /> local law, regulation, or ordinance, as now enacted, or as subsequently
<br /> enacted or amended, all inspections of the Right of Way by any regulatory
<br /> entity concerning the same, all regulatory orders or fines, and all response or
<br /> interim cleanup actions taken by or proposed to be taken by any government
<br /> entity or private party on the Right of Way.
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