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<br /> Compliance with Laws. Grantee shall, at its own expense, conform to all applicable laws,
<br /> regulations,permits, or requirements of any public authority affecting the Easement Area and
<br /> the use thereof. Upon request, Grantee shall supply State with copies of permits or orders.
<br /> Export Restrictions. Any export restricted timber originating from state land under this
<br /> Easement shall not be exported until processed. Grantee shall comply with all applicable
<br /> requirements of WAC 240-15-015 (relating to the prohibitions on export and substitution),
<br /> WAC 240-15-025 (relating to reporting requirements), and WAC 240-15-030 (relating to
<br /> enforcement). All export restricted timber from state lands shall be painted and branded in
<br /> compliance with WAC 240-15-030(2). If Grantee knowingly violates any of the prohibitions
<br /> in WAC 240-15-015, Grantee shall be barred from bidding on or purchasing export restricted
<br /> timber as provided. Grantee shall comply with the Export Administration Act of 1979 (50
<br /> U.S.C. App. Subsection 2406(i))which prohibits the export of unprocessed western cedar
<br /> logs harvested from state lands.
<br /> Compliance with Habitat Conservation Plan. The Easement Area is located within an area
<br /> that is subject to the State's Habitat Conservation Plan adopted in connection with Incidental
<br /> Take Permit No. '1.'E812521-1 as supplemented by Permit No. 1168 (collectively "ITP"). As
<br /> long as the Habitat Conservation Plan remains in effect, Grantee and all Permittees acting
<br /> under Grantee shall comply with the terms and conditions set forth in Exhibit"D"while
<br /> operating on the Easement Area.
<br /> Indemnity. Grantee shall indemnify, defend with counsel acceptable to State, and hold
<br /> harmless State, its employees, officers, and agents from any and all liability, damages,
<br /> expenses, causes of action, suits, claims, costs,fees (including attorney's fees),penalties, or
<br /> judgments, of any nature whatsoever, arising out of the use, occupation, or control of the
<br /> Easement Area by Grantee, its contractors, subcontractors, invitees, agents, employees,
<br /> licensees, or other Permittees, including but not limited to the use, storage, generation,
<br /> processing,transportation,handling, disposal, release, or threatened release of any hazardous
<br /> substance or materials. To the extent that RCW 4.24.115 applies, Grantee shall not be
<br /> required to indemnify State from State's sole or concurrent negligence. This indemnification
<br /> shall survive the expiration or termination of the Easement. Grantee waives its immunity
<br /> under Title 51 RCW and under RCW 36.75.300 to the extent required to indemnify the State.
<br /> Insurance. Before using any of said rights granted herein and at its own expense,the Grantee
<br /> shall obtain and keep in force during the term of this Easement and require its contractors,
<br /> sub-contractors, or other Permittees to obtain while operating on the Easement area,the
<br /> following liability insurance policies, insuring Grantee against liability arising out of its
<br /> operations, including use of vehicles. Failure to buy and maintain the required insurance may
<br /> result in the termination of the Easement at State's option. This termination option is
<br /> exclusive to the State;the State's successors-in-interest do not have the termination option.
<br /> The limits of insurance,which may be increased by State, as deemed necessary, shall not be
<br /> less than as follows:
<br /> Commercial Easement Page 3 of 17 Easement No.50-098899
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