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by or proposed to be taken by any government entity or private party on the
<br /> •;• Right of Way.
<br /> 3. Grantee agrees to conduct, at its own expense, all test, audits, surveys, or
<br /> ,,, investigations requested by Grantor, in writing, during the term of the
<br /> Agreement as are reasonable and necessary to ascertain the existence,scope,
<br /> of effects of Hazardous Substances on the Right of Way or associated natural
<br /> • ,.•resources Where grantor has reason to believe the Hazardous Substances result
<br /> ..,•'from or axe-associated with the use,occupation,or control of the Permit Area
<br /> .err adjacent.,Rigbt of Way by Grantee, any predecessor-in-interest of Grantee,
<br /> Qr•any,entify re,la.ed to Grantee,and to provide the results of such tests,audits,
<br /> surv2ys;.6r investigations to Grantor. If Grantee fails to conduct such tests,
<br /> Grantor,mi y..canduct such tests and Grantor shall be entitled to receive full
<br /> reimbursement from Grantee upon demand, together with interest thereon
<br /> from the date of e>tpertditure at the rate of one percent per month(or at such
<br /> higher`cate•as may.be'ab.tlfbrized by statute subsequent to the execution date
<br /> of this AAreertierlt.
<br /> 4. Grantee shall'be•fUlly' nd'eompletely liable to Grantor,shall waive any claims
<br /> against Grantor for cohtrib• uti•on or,gtherwise,and shall indemnify,defend,and
<br /> •
<br /> save harmless to dr•aaitor arid:its*rides,employees,officers,directors,and
<br /> agents with respect to any acid all-tiability,damages(including damages to land,
<br /> aquatic life, and oilier natural resources.), expenses, causes of action, suits,
<br /> claims, costs (includirrg:testing, auditing, surveying, and investigation costs),
<br /> fees (including attorneys' fees aril costs), penalties (civil and criminal, and
<br /> response, cleanup costs, or.-remediation'costs assessed against or imposed
<br /> upon Grantee,Grantor,or thea Right.of Way:as a result of'Grantee's control of
<br /> the Permit Area, or Grantee's'use , disposal;•transportation, or generation of
<br /> Hazardous Substances of that of S rantee's 'employees, agents, assigns,
<br /> contractors, subcontractors, licensees,iperrfiittees, or invitees, and for any
<br /> breach of this Subsection(c). ••
<br /> (d) Grantee to Take Corrective Action. The parties ex:pressty agree that Grantee will,
<br /> at its own expense, upon any failure tocomply with,the,above Subsections(a)—
<br /> (c)and upon direction to do so by Grantor,take ciirrective••dr remediation action
<br /> measures satisfactory to Grantor to restore the Right of V.i(.ay,as nearly as possible,
<br /> to the condition the Right of Way would have been Irvabsert6e.of such failure to
<br /> comply (with lack of or failure to expend funds not..fo..•adversely 'affect the
<br /> possibility of restoration). If Grantee fails to do so,Gratitee.airees that-Grantor
<br /> may take such corrective action and Grantor shall be entitled,•to_,irecefre full
<br /> reimbursement from Grantee upon demand,together with int iest'thereon.from
<br /> the date of expenditure at the rate of one percent per month (er..at:siich higher
<br /> rate as may be authorized by statute subsequent to the execution/date of.:this
<br /> Agreement.
<br /> Permit Grantee Signature Page l3
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