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work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and
<br /> local laws and regulations and abate any and all hazard of fire.
<br /> Section 6 Taxes and Recording Fees. Grantee shall pay when due any taxes, assessments or other
<br /> charges (collectively, "Taxes") levied or assessed upon the Improvements by any governmental or quasi-
<br /> governmental body or any Taxes levied or assessed against Grantor or the Premises that are attributable to the
<br /> Improvements. Grantee agrees to purchase, affix and cancel any and all documentary stamps in the amount
<br /> prescribed by statute, and to pay any and all required transfer taxes, excise taxes and any and all fees incidental
<br /> to recordation of the Memorandum of Easement. In the event of Grantee's failure to do so, if Grantor shall
<br /> become obligated to do so, Grantee shall be liable for all costs, expenses and judgments to or against Grantor,
<br /> including all of Grantor's legal fees and expenses.
<br /> Section 7 Environmental.
<br /> 7.1 Compliance with Environmental Laws. Grantee shall strictly comply with all federal, state and
<br /> local environmental Laws in its use of the Premises, including, but not limited to, the Resource Conservation and
<br /> Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the Hazardous Materials
<br /> Transportation Act, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
<br /> and the Toxic Substances Control Act(collectively referred to as the"Environmental Laws"). Grantee shall not
<br /> maintain a "treatment," "storage," "transfer" or "disposal" facility, or"underground storage tank," as those terms
<br /> are defined by Environmental Laws, on the Premises. Grantee shall not handle, transport, release or suffer the
<br /> release of "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous substances"
<br /> may now or in the future be defined by any Environmental Laws.
<br /> 7.2 Notice of Release. Grantee shall give Grantor immediate notice to Grantor's Resource
<br /> Operations Center at(800)832-5452 of any release of hazardous substances on or from the Premises, violation
<br /> of Environmental Laws, or inspection or inquiry by governmental authorities charged with enforcing
<br /> Environmental Laws with respect to Grantee's use of the Premises. Grantee shall use its best efforts to promptly
<br /> respond to any release on or from the Premises. Grantee also shall give Grantor immediate notice of all
<br /> measures undertaken on behalf of Grantee to investigate, remediate, respond to or otherwise cure such release
<br /> or violation.
<br /> 7.3 Remediation of Release. In the event that Grantor has notice from Grantee or otherwise of a
<br /> release or violation of Environmental Laws which occurred or may occur during the term of this Easement
<br /> Agreement, Grantor may require Grantee, at Grantee's sole risk and expense, to take timely measures to
<br /> investigate, remediate, 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 materials considered to be
<br /> environmentally contaminated are exposed, Grantee will remove and safely dispose of said contaminated soils.
<br /> Determination of soils contamination and applicable disposal procedures thereof,will be made only by an agency
<br /> having the capacity and authority to make such a determination.
<br /> 7.4 Preventative Measures. Grantee shall promptly report to Grantor in writing any conditions or
<br /> activities upon the Premises known to Grantee which create a risk of harm to persons, property or the
<br /> environment and shall take whatever action is necessary to prevent injury to persons or property arising out of
<br /> such conditions or activities; provided, however, that Grantee's reporting to Grantor shall not relieve Grantee of
<br /> any obligation whatsoever imposed on it by this Easement Agreement. Grantee shall promptly respond to
<br /> Grantor's request for information regarding said conditions or activities.
<br /> 7.5 Evidence of Compliance. Grantee agrees periodically to furnish Grantor with proof satisfactory
<br /> to Grantor that Grantee is in compliance with this Section 7. Should Grantee not comply fully with the above-
<br /> stated obligations of this Section 7, notwithstanding anything contained in any other provision hereof, Grantor
<br /> may, at its option, terminate this Easement Agreement by serving five (5) days' notice of termination upon
<br /> Grantee. Upon termination, Grantee shall remove the Improvements and restore the Premises as provided in
<br /> Section 9.
<br /> Form 704CM; Rev.08/17/11
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