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2. <br /> As long as the Habitat Conservation Plan remains in effect, Exchanger and all Pei nittees <br /> acting under Exchanger shall comply with the terms and conditions set forth in Exhibit D <br /> while operating on the Easement Area located on state owned land. <br /> Prior Right. The easements granted by this Agreement are subject to all matters of public <br /> record. <br /> Operational Restrictions. Site-specific operational requirements are listed in Exhibit E. <br /> Non-compliance with these requirements shall constitute a breach of the easement and may <br /> result in the fee owner requiring the easement holder to suspend operations until the breach is <br /> remedied. <br /> Construction/Operation Plan(s). Pre-Construction. Thirty(30) days prior to any <br /> construction or reconstruction of a Road by an easement holder on lands of the fee owner,the <br /> easement holder will submit a written plan of construction to the fee owner outlining the <br /> construction or activity for approval, which shall not be unreasonably withheld. All <br /> construction and reconstruction shall comply with applicable state and local laws. In the <br /> event of an emergency that requires immediate action to protect person or property, an <br /> easement holder may take reasonable corrective action without prior notice to the fee owner, <br /> but in such case will notify fee owner within 24 hours. <br /> Notice of Operation. When an easement holder or one of its Permittees plans to use any <br /> portion of the Roads for the purpose of hauling timber or other profits, such party shall notify <br /> the fee owner thereof at least five(5) days prior to the commencement of such use, advising of <br /> the portion of Road to be used,the approximate dates when such use will begin and end, and <br /> of the approximate volumes of timber, forest products, or other profits to be hauled and <br /> promptly upon the completion of such use notify the other party thereof. <br /> Waste. An easement holder shall not cause nor permit any filling activity to occur in or on <br /> the Easement Areas, except by prior written approval of the fee owner. An easement holder <br /> shall not deposit refuse, garbage, or other waste matter or use, store,generate,process, <br /> transport,handle,release, or dispose of any hazardous substance, or other pollutants in or on <br /> the Easement Areas except in accordance with all applicable laws. The tem"hazardous <br /> substance means any substance or material as those terms are now or are hereafter defined or <br /> regulated under any federal, state, or local law including but not limited to the Comprehensive <br /> Environmental Response, Compensation and Liability Act(CERCLA 42 USC 9601 et seq.), <br /> or the Washington Model Toxic Control Act(MTCA RCW 70.105D.010.). An easement <br /> holder shall immediately notify the fee owner if the easement holder becomes aware of any <br /> release or threatened release of hazardous substance on the Easement Areas or adjoining <br /> property. If a release of hazardous substance occurs in, on, under', or above the Easement <br /> Areas arising out of any action of the easement holder, its contractors, subcontractors, <br /> invitees, agents, employees, licensees, or permittees, the easement holder shall, at its sole <br /> expense,promptly take all actions necessary or advisable to clean up, contain, and remove the <br /> hazardous substance in accordance with applicable laws. <br /> Easement Exchange Page 5 of 20 Easement No.55-090098;50-090097 <br /> 1 <br />