|
-
<br /> -' (2) Any problem or liability related to,or derived from,the presence of any
<br /> Hazardous Substance in, on,under, or above the Easement Property, any
<br /> adjoining property, or any other property subject to use by Tenant in
<br /> conjunction with its use of the Easement Property;
<br /> (3) Any actual or alleged violation of any federal, state, or local statute,
<br /> ordinance,rule, regulation, or other law pertaining to Hazardous
<br /> Substances with respect to the Easement Property, any adjoining property,
<br /> or any other property subject to use by Grantee in conjunction with its use
<br /> of the Easement Property;
<br /> (4) Any lien or action with respect to any of the foregoing; or,
<br /> (5) Any notification from the US Environmental Protection Agency(EPA)or
<br /> the Washington State Department of Ecology that remediation or removal
<br /> of Hazardous Substances is or may be required at the Easement Property.
<br /> 8.5 Indemnification and Burden of Proof.
<br /> (a) Notwithstanding any NPDES permit or other permit or license that authorizes the
<br /> discharge or release of Hazardous Substances or other deleterious substances,
<br /> Grantee shall fully indemnify, defend, and hold State harmless from and against
<br /> any and all claims, demands,damages,natural resource damages,response costs,
<br /> remedial costs, cleanup costs, losses, liens, liabilities,penalties, fines, lawsuits,
<br /> other proceedings, costs, and expenses(including attorneys' fees and
<br /> disbursements), that arise out of or are in any way related to:
<br /> (1) The use, storage, generation,processing,transportation, handling,or
<br /> disposal of any Hazardous Substance by Grantee, its subgrantees,
<br /> contractors, agents, employees, guests, invitees, or affiliates in, on,under,
<br /> or above the Easement Property or any adjoining property during the term
<br /> of this Easement or during any time when Grantee occupies or occupied
<br /> the Easement Property or any adjoining property;
<br /> (2) The release or threatened release of any Hazardous Substance in, on,
<br /> under,or above the Easement Property or any adjoining property,which
<br /> release or threatened release occurs or occurred during the term of this
<br /> Easement or during any time when Grantee occupies or occupied the
<br /> Easement Property or adjoining property and as a result of:
<br /> (i) Any act or omission of Grantee, its subgrantees, contractors,agents,
<br /> employees, guests, invitees, or affiliates; or,
<br /> October 14,2002 Page 10 of 27 Outfall Easement
<br />
|