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<br /> ninety(90) days in which to approve or reject the plan. State's failure to respond _
<br /> within the time allowed shall be deemed an approval of the plan.
<br /> (e) Costs to Remove or Abandon, and to Restore. Grantee agrees to undertake the
<br /> removal and disposal of the improvements, or the abandonment of the
<br /> improvements, and the restoration of the Easement Property, at its sole cost and
<br /> expense. Grantee agrees to perform any removal and restoration activities in a
<br /> prompt and expeditious manner upon approval of any plans. If Grantee fails to
<br /> timely meet its obligations under this Subsection State may perform Grantee's
<br /> obligations and seek reimbursement.
<br /> (f) Ownership of Abandoned Improvements. Any improvements that are allowed to
<br /> be abandoned in place shall become the property of State without any payment by
<br /> State.
<br /> To the extent that Grantee-Owned Improvements include items of personal property which may
<br /> be removed from the Easement Property without harming the Property, or diminishing the value
<br /> of the Property or the improvements, State asserts no ownership interest in these improvements
<br /> unless the parties agree otherwise in writing upon termination of this Easement. Any Grantee-
<br /> Owned Improvements specifically identified as personal property in Exhibit A or B shall be
<br /> treated in accordance with this provision.
<br /> 13.5 Unauthorized Improvements. Improvements made on the Easement Property without
<br /> State's prior written consent or which are not in conformance with the plans submitted to and
<br /> approved by State in Exhibit A("Unauthorized Improvements") shall immediately become the
<br /> property of State,unless State elects otherwise. Regardless of ownership of Unauthorized
<br /> Improvements, State may,at its option,require Grantee to sever, remove, and dispose of them,
<br /> charge Grantee a Use Fee for the use of them, or both. If Grantee fails to remove an
<br /> Unauthorized Improvement upon request, State may remove it and charge Grantee for the cost of
<br /> removal and disposal.
<br /> SECTION 14 INDEMNITY
<br /> Grantee shall indemnify, defend, and hold harmless State, its employees,officers, and agents
<br /> from any and all liability, damages (including bodily injury,personal injury and damages to land,
<br /> aquatic life, and other natural resources), expenses, causes of action, suits, claims, costs, fees
<br /> (including attorneys fees),penalties, or judgments, of any nature whatsoever, arising out of the
<br /> use, occupation,or control of the Easement Property by Grantee, its contractors, subcontractors,
<br /> invitees, agents, employees, licensees, or permittees, except as may arise solely out of the willful
<br /> or negligent act of State or State's elected officials, employees,or agents. To the extent that
<br /> RCW 4.24.115 applies, Grantee shall not be required to indemnify, defend, and hold State
<br /> harmless from State's sole or concurrent negligence. This section shall not in any way limit
<br /> Grantee's liability under Section 8 or Section 9,above.
<br /> October 14,2002 Page 17 of 27 Outfall Easement
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