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<br /> Grantee shall pay Grantor for any damage to timber, crops and improvements not identified and
<br /> paid for under the terms and conditions of this Permit. Grantor shall appraise the damage at
<br /> market value at the time of damage and bill Grantee for said damages at said value.
<br /> Waste. Grantee shall not cause nor permit any filling activity to occur in or on the premises,
<br /> except by prior written approval of the Grantor. Grantee shall not deposit refuse, garbage,or
<br /> other waste matter or use, store, generate,process,transport, handle,release, or dispose of any
<br /> hazardous substance, or other pollutants in or on the premises except in accordance with all
<br /> applicable laws. The term hazardous substance means any substance or material as those terms
<br /> are now or are hereafter defined or regulated under any federal, state, or local law including but
<br /> not limited to the Comprehensive Environmental Response, Compensation and Liability Act
<br /> (CERCLA 42 USC 9601 et seq.), or the Washington Model Toxic Control Act (MTCA RCW
<br /> 70.105D.010.). Grantee shall immediately notify the Grantor if the Grantee becomes aware of
<br /> any release or threatened release of hazardous substance on the premises or adjoining property.
<br /> If a release of hazardous substance occurs in, on,under, or above the premises arising out of any
<br /> action of the Grantee,its contractors, subcontractors, invitees, agents, employees, licensees, or
<br /> permittees,the Grantee.shall, at its sole expense,promptly take all actions necessary or advisable
<br /> to clean up, contain, and remove the hazardous substance in accordance with applicable laws.
<br /> Survey Markers. Grantee shall not destroy any land survey monuments marking local control
<br /> points, geodetic control points, and land boundary survey corners without prior written approval
<br /> from the landowner,which shall not be unreasonably withheld. Land survey monuments that
<br /> must necessarily be disturbed or destroyed during construction or maintenance activities must be
<br /> adequately referenced and replaced, at the Grantee's expense,under the direction of a
<br /> Professional Land Surveyor, licensed in the State of Washington,in accordance with all
<br /> applicable laws of the State of Washington in force at the time of construction, including but not
<br /> limited to RCW 58.24, and all Department of Natural Resources regulations pertaining to
<br /> preservation of such monuments. As directed under Chapter 332-120 WAC, a Land Surveyor or
<br /> Engineer must submit an application with the Department of Natural Resources for permission to
<br /> temporarily remove or destroy a survey monument.
<br /> Fire Prevention and Control. The Grantee shall be responsible for satisfying the requirements
<br /> of the laws of the State of Washington pertaining to Forest Protection and,in addition thereto, the
<br /> Grantee shall during the closed season of April 15 through October 15 contact Grantor who shall
<br /> determine any extra requirements pertaining to burning procedure,blasting, watchman, extra
<br /> patrol,pumpers,tankers, fire hoses, fire tools, etc.,which are deemed necessary for prevention
<br /> and suppression of fire which may result from the Grantee's operations.
<br /> Indemnity by Grantee. Grantee shall defend, indemnify and hold harmless the Grantor from all
<br /> claims that arise out of the negligence of the State or its Permittees in their use of the permit. A
<br /> "claim"as used in this section means any financial loss, claim, suit, action, damage, or expense,
<br /> including but not limited to attorneys' fees, attributable to bodily injury, sickness, disease or
<br /> death, or injury to or destruction of tangible property including the resulting loss of use.
<br /> Private To State RUP 4 of 12 Road Use Permit No.55-091210
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