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<br /> Upon any termination of this Agreement, Grantor may require that Grantee promptly remove
<br /> from the Easement Area its materials and restore the ground to the condition now existing, or
<br /> in the alternative,take such other and mutually agreeable measures to minimize impact of the
<br /> improvements within the Easement Area. Such work,removal and restoration shall be done at
<br /> the sole cost and expense of Grantee and in a manner satisfactory to the Grantor. In case of
<br /> failure of Grantee to so remove its materials, restore the ground or take such other mutually
<br /> agreed upon measures, Grantor may, after reasonable notice to Grantee, remove Grantee's
<br /> materials, restore the ground or take such measures at the expense of Grantee, and Grantor
<br /> shall not be liable therefor.Grantee's restoration and repair obligations under this paragraph(i)
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<br /> shall not apply to any defects,deficiencies or damage which are not proximately caused by the
<br /> acts and undertakings by the Grantee,its agents, employees or contractors upon the Easement
<br /> Area,and(ii) shall survive the expiration of the easement.
<br /> 13. Refuse,Waste and Hazardous Substances:
<br /> (a) Refuse. Grantee shall not make,or suffer to be made,any filling in of the Easment Area or
<br /> any deposit or rock, earth, ballast, refuse, garbage, waste matter (including chemical,
<br /> biological, or toxic wastes),hydrocarbons, any other pollutants, or other matter within or
<br /> upon the Easement Area,except as approved in writing by the Grantor. If Grantee shall fail
<br /> to remove all non-approved fill material, refuse, garbage, wastes, or other of the above
<br /> • materials from the Easement Area and restore the Easement Area to its condition
<br /> immediately prior to the deposition of the unauthorized material,Grantor may,after notice
<br /> to Grantee,remove and dispose of such materials from the Easement Area at the expense of
<br /> Grantee and Grantor shall not be liable therefor. Grantee shall pay such costs within 30
<br /> days after delivery of an invoice from Grantor.
<br /> (b) Waste. At all times during the Term, Grantee shall neither commit nor stiffer waste to be
<br /> committed to the Easement Area.
<br /> (c) Hazardous,Toxic or Harmful Substances.
<br /> 1. Grantee shall not keep, use, dispose, transport, generate, and/or sell on or about the
<br /> Easement Area any substances now or hereinafter designated as, and/or containing
<br /> components now or hereinafter designated as,and/or which are subject to regulation as,
<br /> hazardous,toxic,dangerous, or harmful by any federal, state, of local law, regulation,
<br /> statute, or ordinance, including but not limited to the Resource Conservation and
<br /> Recovery Act, Comprehensive Environmental Response Compensation and Liability
<br /> Act, Superfund Amendments and Re-authorization Act of 1986, and the Washington
<br /> Model Toxic Control Act (hereinafter collectively referred to as "Hazardous
<br /> Substances"),in violation of any such law,regulation, statute,or ordinance.
<br /> 2. Grantee shall promptly notify Grantor of all spills or releases of any Hazardous
<br /> Substances which are otherwise required to be reported to any federal, state, or local
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<br /> regulator agency and, upon notice thereof, shall promptly notify Grantor of all failures
<br /> to comply with any federal, state, or local law,regulation,or ordinance, as now enacted,
<br /> or as subsequently enacted or amended, all inspections of the Easement Area by any
<br /> regulatory entity concerning the same, all regulatory orders or fines,and all response or
<br /> interim cleanup actions taken by or proposed to be taken by any govermnent entity or
<br /> private party on the Easement Area.
<br /> 511.69R9 2 d
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