|
j
<br /> (b) Prior to undertaking the Closeout Assessment, Grantee shall submit a proposed
<br /> plan in writing for State's approval. The plan shall be provided to State within
<br /> sixty(60) days of the State's notice requiring the Closeout Assessment. If State
<br /> fails to respond in writing, either approving or disapproving of the proposed plan,
<br /> within sixty(60) days of its receipt,the proposed plan shall be deemed approved.
<br /> Grantee shall be responsible for all costs required to complete planning, sampling,
<br /> analyzing, and reporting associated with the Closeout Assessment.
<br /> 8.9 Reservation of Rights. The parties have agreed to allocate certain environmental risks,
<br /> liabilities, and responsibilities by the terms of Section 8. With respect to those environmental
<br /> liabilities covered by the indemnification provisions of Subsection 8.5,that subsection shall
<br /> exclusively govern the allocation of those liabilities. With respect to any environmental risks,
<br /> liabilities, or responsibilities not covered by Subsection 8.5,the parties expressly reserve and do
<br /> not waive or relinquish any rights,claims, immunities, causes of action, or defenses relating to
<br /> the presence,release, or threatened release of Hazardous Substances in, on,under, or above the
<br /> Easement Property, any adjoining property, or any other property subject to use by Grantee in
<br /> conjunction with its use of the Easement Property,that either party may have against the other
<br /> under federal, state, or local laws, including but not limited to, CERCLA, MTCA, and the
<br /> common law. No right, claim, immunity, or defense either party may have against third parties is
<br /> affected by this Easement and the parties expressly reserve all such rights, claims, immunities,
<br /> and defenses. The allocations of risks, liabilities, and responsibilities set forth above do not
<br /> release either party from, or affect either party's liability for, claims or actions by federal, state, or
<br /> local regulatory agencies concerning Hazardous Substances.
<br /> SECTION 9 NATURAL RESOURCE DAMAGES
<br /> 9.1 Impacts to Natural Resources. In accordance with Subsection 2.2, Grantee's use or
<br /> occupation of the Easement Property must be undertaken in a manner that will not result in any
<br /> damage to natural resources on or adjacent to the Easement Property. In the event that Grantee's
<br /> use or occupation of the Easement Property results in damage to natural resources, Grantee shall
<br /> be in default of this Easement agreement and State may exercise its right to terminate the
<br /> Easement pursuant to Section 12 of this agreement in addition to any other remedies available to
<br /> State under Sections 8 and 9 of this agreement or at law or in equity.
<br /> 9.2 Mitigation for Unanticipated or Excessive Natural Resource Damages. Grantee
<br /> agrees that if any natural resources are lost or damaged as a direct or indirect result of the
<br /> Permitted Use, then Grantee shall be required to undertake the following steps:
<br /> (i) Grantee shall be required to prepare and implement a written plan for eliminating
<br /> or minimizing any future impacts that is satisfactory to State;
<br /> (ii) To the extent that it is not possible to avoid impacts, Grantee shall be required to
<br /> prepare and implement a plan for the replacement of any lost or damaged natural
<br /> resource values that is satisfactory to the State;
<br /> October 14,2002 Page 13 of 27 Outfall Easement
<br /> - s j
<br />
|