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remove Grantee's improvements, restore the ground or take such measures at the
<br />expense of Grantee, and Grantor shall not be liable therefor.
<br />17. Refuse, Waste and Hazardous Substances:
<br />(a) Refuse. Grantee shall not make, or suffer to be made, any filling in of the Right
<br />of Way or any deposit or rock, earth, ballast, refuse, garbage, waste matter
<br />(including chemical, biological, or toxic wastes), hydrocarbons, any other
<br />pollutants, or other matter within or upon the Right of Way, except as approved
<br />in writing by the Grantor. If Grantee shall fail to remove all non -approved fill
<br />material, refuse, garbage, wastes, or other of the above materials form the Right
<br />of Way and restore the Right of Way to its condition immediately prior to the
<br />deposition of the unauthorized material, Grantee agrees that the Grantor may
<br />remove such materials and charge Grantee for the cost of removal and disposal
<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 />(b) Waste. At all times during the Term, Grantee shall neither commit nor suffer
<br />waste to be committed to the Right of Way.
<br />(c) Hazardous. Toxic or Harmful Substances.
<br />1. Except for the pre-existing petroleum contamination already documented by
<br />Grantee, Grantee shall not keep, use, dispose, transport, release or generate
<br />on or about the Right of Way any substances now or hereinafter designated
<br />as, and/or containing components now or hereinafter designated as, and/or
<br />which are subject to regulation as, hazardous, toxic, dangerous, or harmful by
<br />any federal, state, of local law, regulation, statute, or ordinance, including but
<br />not limited to the Resource Conservation and Recovery Act, Comprehensive
<br />Environmental Response Compensation and Liability Act, Superfund
<br />Amendments and Re -authorization Act of 1986, and the Washington Model
<br />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 new spills or releases of any
<br />Hazardous Substances which are otherwise required to be reported to any
<br />federal, state, or local regulator agency and, upon notice thereof, shall
<br />promptly notify Grantor of all failures to comply with any federal, state, or
<br />local law, regulation, or ordinance, as now enacted, or as subsequently
<br />enacted or amended, all inspections of the Right of Way by any regulatory
<br />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 government
<br />entity or private party on the Right of Way.
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