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<br /> 3. Grantee agrees to conduct, at its own expense, any reasonable test, audits,
<br /> surveys, or investigations requested by Grantor, in writing, during the term of
<br /> the Agreement as are reasonable and necessary to ascertain the existence,
<br /> scope, or effects of Hazardous Substances on the Right of Way where Grantor
<br /> has reason to believe the Hazardous Substances result from or are associated
<br /> with the use, occupation, or control of the Permit Area or adjacent Right of
<br /> Way by Grantee, any predecessor-in-interest of Grantee, or any entity related
<br /> to Grantee, and to provide the results of such tests, audits, surveys, or
<br /> investigations to Grantor. If Grantee does not conduct such tests, Grantor
<br /> may conduct such tests and Grantor shall be entitled to receive full
<br /> reimbursement from Grantee upon written demand. .
<br /> 4. Grantee shall waive any claims against Grantor for contribution or otherwise,
<br /> and shall indemnify, defend, and save harmless to Grantor and its agencies,
<br /> employees, officers, directors, and agents with respect to any and all liability,
<br /> damages (including damages to land, aquatic life, and other natural
<br /> resources), expenses, causes of action, suits, claims, costs (including testing,
<br /> auditing, surveying, and investigation costs), fees (including attorneys' fees
<br /> and costs), penalties (civil and criminal, and response, cleanup costs, or
<br /> remediation costs assessed as a result of Grantee's control of the Permit Area
<br /> or installation of the System, or Grantee's use, disposal, transportation, or
<br /> generation of Hazardous Substances of that of Grantee's employees, agents,
<br /> assigns, contractors, subcontractors, licensees, permittees, or invitees, and for
<br /> any breach of this Subsection (c).
<br /> (d) Grantee to Take Corrective Action. The parties expressly agree that Grantee will,
<br /> at its own expense, upon any failure to comply with the above Subsections (a) —
<br /> (c) and upon direction to do so by Grantor, take corrective or remediation action
<br /> measures satisfactory to Grantor to restore the Right of Way, as nearly as
<br /> possible, to the condition the Right of Way would have been in absence of such
<br /> failure to comply (with lack of or failure to expend funds not to adversely affect
<br /> the possibility of restoration). If Grantee fails to do so, Grantee agrees that
<br /> Grantor may take such corrective action and Grantor shall be entitled to receive
<br /> full reimbursement from Grantee upon demand, together with interest thereon
<br /> from the date of expenditure at the rate of one percent per month (or at such
<br /> higher rate as may be authorized by statue subsequent to the execution date of
<br /> this Agreement.
<br /> 18. Third Party Rights:
<br /> Grantor reserves all rights with respect to the Right of Way including, without
<br /> limitation, the right to grant easements, licenses and permits to others subject to
<br /> the Grantee's rights granted in this Agreement.
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