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7.3 Remediation of Release. In the event that Grantor has notice from <br /> Grantee or otherwise of a release or violation of Environmental Laws which occurred or <br /> may occur during the term of this Easement Agreement, Grantor may require Grantee, <br /> at Grantee's sole risk and expense, to take timely measures to investigate, remediate, <br /> respond 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 <br /> materials considered to be environmentally contaminated are exposed, Grantee will <br /> remove and safely dispose of said contaminated soils. Determination of soils <br /> 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 <br /> any conditions or activities upon the Premises known to Grantee which create a risk of <br /> harm to persons, property or the environment and shall take whatever action is <br /> necessary to prevent injury to persons or property arising out of such conditions or <br /> activities; provided, however, that Grantee's reporting to Grantor shall not relieve <br /> Grantee of any obligation whatsoever imposed on it by this Easement Agreement. <br /> Grantee shall promptly respond to Grantor's request for information regarding said <br /> conditions or activities. <br /> 7.5 Evidence of Compliance. Grantee agrees periodically to furnish Grantor <br /> with proof satisfactory to Grantor that Grantee is in compliance with this Section 7. <br /> Should Grantee not comply fully with the above-stated obligations of this Section 7, <br /> notwithstanding anything contained in any other provision hereof, Grantor may, at its <br /> option, terminate this Easement Agreement by serving five (5) days' notice of <br /> termination upon Grantee. Upon termination, Grantee shall remove the Improvements <br /> and restore the Premises as provided in Section 9. <br /> Section 8 Default and Termination. <br /> 8.1 Grantor's Performance Rights. If at any time Grantee, or Grantee's <br /> Contractors, fails to properly perform its obligations under this Easement Agreement, <br /> Grantor, in its sole discretion, may: (i) seek specific performance of the unperformed <br /> obligations, or (ii) at Grantee's sole cost, may arrange for the performance of such work <br /> as Grantor deems necessary for the safety of its rail operations, activities and property, <br /> or to avoid or remove any interference with the activities or property of Grantor, or <br /> anyone or anything present on the rail corridor or property with the authority or <br /> permission of Grantor. Grantee shall promptly reimburse Grantor for all costs of work <br /> performed on Grantee's behalf upon receipt of an invoice for such costs. Grantor's <br /> failure to perform any obligations of Grantee or Grantee's Contractors shall not alter the <br /> liability allocation set forth in this Easement Agreement. <br /> 8.2 Abandonment. Grantor may, at its option, terminate this Easement <br /> Agreement by serving five (5) days' notice in writing upon Grantee if Grantee should <br /> abandon or cease to use the Premises for the Easement Purpose. Any waiver by <br /> Grantor of any default or defaults shall not constitute a waiver of the right to terminate <br /> 22 <br />