|
Form Approved by VP-Law
<br /> (collectively, "Other Improvements"), Grantee will be responsible at Grantee's sole risk to locate and make any
<br /> adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other
<br /> Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their
<br /> service and obtain the owner's written approval prior to so affecting the Other Improvements. Grantee must
<br /> mark all Other Improvements on the Plans and Specifications and mark such Other Improvements in the field in
<br /> order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor
<br /> property to determine if any Other Improvements(fiber optic, cable, communication or otherwise) may exist. The
<br /> Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and
<br /> remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said
<br /> work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and
<br /> local laws and regulations and abate any and all hazard of fire.
<br /> Section 6 Taxes and Recording Fees. Grantee shall pay when due any taxes assessments or other
<br /> charges (collectively, "Taxes") levied or assessed upon the Improvements by goes; mental or quasi-
<br /> governmental body or any Taxes levied or assessed against Grantor or the Premis s thatattributable to the
<br /> Improvements. Grantee agrees to purchase, affix and cancel any, nd all doc" entary s mp 'n the amount
<br /> prescribed by statute, and to pay any and all required transfer taxes, excis a nd any and all fees
<br /> incidental to recordation of the Memorandum of Easement. In the even of Grante ' fa lure to elo so, if Grantor
<br /> shall become obligated to do so, Grantee shall be liable for all costs, expenses ari`d tudg efir to or against
<br /> Grantor, including all of Grantor's legal fees and expenses.
<br /> Section 7 Environmental. 1 A. i •-
<br /> 7.1 Compliance with Environmental Laws. Gran e- shall strictly -omply with all federal, state and
<br /> . . local environmental Caws in its use of the Premises including; •u not limitel tto, the Resource Conservation
<br /> and Recovery Act, as amended (RCRA), the Clea ate ct, th Oil of i-n Act, the Hazardous Materials .
<br /> Transportation Act, the Comprehensive Environm tal Re so se, e a ton and Liability Act (CERCLA)
<br /> and the Toxic Substances Control Act(collecti ely-referred to a Ili e"En ' o mental Laws"). Grantee shall not
<br /> maintain a treatment, storage, transfer .r'sisposa facility,'. '1.,,nderg of d storage tank," as those terms
<br /> are defined by Environmental Laws, on th- " "emise . rantee shall not hanlirg, transport, release or suffer the
<br /> release of "hazardous waste" or "hazardous substances s "hazardous waste" and "hazardous substances"
<br /> 1
<br /> may now or in the future be defined b any -onmental saws.
<br /> 7.2, Notice of Release. a,tee- s a give Grantor immediate notice to Grantor's Resource
<br /> Operations Center at(800) 83`2! 452 lag y elease f ,azardous substances on or from the Premises, violation
<br /> of Environme taL�.Law,s, or speotio o i?iq airy by governmental authorities charged with enforcing
<br /> Environment .4aMtith respect to.Grantee's4SSe of the Premises. Grantee shall use its best efforts to
<br /> promptly rapid to any release o o from,4� e Premises. Grantee also shall give Grantor immediate notice of
<br /> all meas re t undertaken-o -behal ' Gr'nnee to investigate, remediate, respond to or otherwise cure such
<br /> yogi -release o-violation , '~.
<br /> 7.3 ` Re ediation of'Release. In the event that Grantor has notice from Grantee or otherwise of a
<br /> release or violation of Environntal Laws which occurred or may occur during the term of this Easement
<br /> Agreement, Granto p'may_onrequir Grantee, at Grantee's sole risk and expense, to take timely measures to
<br /> investigate, remediaa a r, es to or otherwise cure such release or violation affecting the Premises. If during
<br /> the construction or subsequent maintenance of the Improvements, soils or other materials considered to be
<br /> environmentally contaminated are exposed, Grantee will remove and safely dispose of said contaminated soils.
<br /> Determination of soils contamination and applicable disposal procedures thereof, will be made only by an
<br /> agency having the capacity and authority to make such a determination.
<br /> 7.4 Preventative Measures. Grantee shall promptly report to Grantor in writing any conditions or
<br /> activities upon the Premises known to Grantee which create a risk of harm to persons, property or the
<br /> environment and shall take whatever action is necessary to prevent injury to persons or property arising out of
<br /> such conditions or activities; provided, however, that Grantee's reporting to Grantor shall not relieve Grantee of
<br /> any obligation whatsoever imposed on it by this Easement Agreement. Grantee shall promptly respond to
<br /> Grantor's request for information regarding said conditions or activities.
<br /> Form 105; Rev. 06/01/05
<br /> 3
<br /> J
<br /> 36
<br />
|