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2003/03/19 Council Agenda Packet
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2003/03/19 Council Agenda Packet
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Council Agenda Packet
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3/19/2003
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foreseeable consequences of those acts or omissions. The obligation to exercise <br /> utmost care under this Subsection 8.3 includes,but is not limited to,the following <br /> requirements: <br /> (1) Grantee shall not undertake activities that will cause, contribute to, or <br /> exacerbate contamination of the Easement Property; <br /> (2) Grantee shall not undertake activities that damage or interfere with the <br /> operation of remedial or restoration activities on the Easement Property or <br /> undertake activities that result in human or environmental exposure to <br /> contaminated sediments on the Easement Property; <br /> (3) Grantee shall not undertake any activities that result in the mechanical or <br /> chemical disturbance of on-site habitat mitigation; <br /> (4) If requested, Grantee shall allow reasonable access to the Easement Property <br /> by employees and authorized agents of the Environmental Protection Agency, <br /> the Washington State Department of Ecology, or other similar environmental <br /> agencies; and <br /> (5) If requested, Grantee shall allow reasonable access to potentially liable or <br /> responsible parties who are the subject of an order or consent decree which <br /> requires access to the Easement Property. Grantee's obligation to provide <br /> access to potentially liable or responsible parties may be conditioned upon the <br /> negotiation of an access agreement with such parties, provided that such <br /> agreement shall not be unreasonably withheld. <br /> (c) It shall be Grantee's obligation to gather sufficient information concerning the <br /> Easement Property and the existence, scope, and location of any Hazardous <br /> Substances on the Easement Property, or adjoining the Easement Property, that <br /> allows Grantee to effectively meet its obligations under this easement. The <br /> standard of care required of Grantee by this Subsection 8.3 shall be that required <br /> of a person with actual knowledge of the presence of Hazardous Substances, <br /> whether or not Grantee had such actual knowledge. <br /> 8.4 Notification and Reporting. <br /> (a) Grantee shall immediately notify State if Grantee becomes aware of any of the <br /> following: <br /> (1) A release or threatened release of Hazardous Substances in, on,under, or <br /> above the Easement Property, any adjoining property, or any other <br /> property subject to use by Grantee in conjunction with its use of the <br /> Easement Property; <br /> October 14,2002 Page 9 of 27 Outfall Easement <br />
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