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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
<br /> regulation as, hazardous, toxic, dangerous, or harmful by any federal, state, of local
<br /> law, regulation, statute, or ordinance, including but not limited to the Resource
<br /> Conservation and Recovery Act, Comprehensive Environmental Response
<br /> Compensation and Liability Act, Superfund Amendments and Re-authorization Act of
<br /> 1986, and the Washington Model Toxic Control Act (hereinafter collectively referred
<br /> to as "Hazardous Substances"), in violation of any such law, regulation, statute, or
<br /> ordinance.
<br /> 2. Grantee shall promptly notify Grantor of all spills or releases of any Hazardous
<br /> Substances in the easement area which are otherwise required to be reported to any
<br /> federal, state, or local regulator agency and, upon notice thereof, shall promptly
<br /> notify Grantor of all failures to comply with any federal, state, or local law,
<br /> regulation, or ordinance, as now enacted, or as subsequently enacted or amended,
<br /> all inspections of the easement area by any regulatory entity concerning the same, all
<br /> regulatory orders or fines, and all response or interim cleanup actions taken by or
<br /> proposed to be taken by any government entity or private party on the easement
<br /> area.
<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 Agreement as
<br /> are reasonable and necessary to ascertain the existence, scope, or effects of
<br /> Hazardous Substances on the easement area or associated natural resources where
<br /> Grantor has reason to believe the Hazardous Substances result from or are
<br /> associated with the use, occupation, or control of the easement area or adjacent
<br /> property by Grantee, any predecessor-in-interest of Grantee, or any entity related to
<br /> Grantee, and to provide the results of such tests, audits, surveys, or investigations to
<br /> Grantor. If Grantee fails to conduct such tests, Grantor may conduct such tests and
<br /> Grantor shall be entitled to receive full reimbursement from Grantee upon demand,
<br /> together with interest thereon from the date of expenditure at the rate of one
<br /> percent per month (or at such higher rate as may be authorized by statute
<br /> subsequent to the execution date of this Agreement.
<br /> 4. Grantee shall be fully and completely liable to Grantor, shall waive any claims against
<br /> Grantor for contribution or otherwise, and shall indemnify, defend, and save
<br /> harmless to Grantor and its agencies, employees, officers, directors, and agents with
<br /> respect to any and all liability, damages (including damages to land, aquatic life, and
<br /> other natural resources), expenses, causes of action, suits, claims, costs (including
<br /> testing, auditing, surveying, and investigation costs), fees (including attorneys' fees
<br /> and costs), penalties (civil and criminal, and response, cleanup costs, or remediation
<br /> costs assessed against or imposed upon Grantee, Grantor, or the easement area, as a
<br /> result of Grantee's control of the easement area, or Grantee's use, disposal,
<br /> transportation,generation, and/or sale of Hazardous Substances of that of Grantee's
<br /> Easement at Kasch Park Road Page-7
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