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such higher rate as may be authorized by statute subsequent to the execution date
<br /> of this Easement).
<br /> (b) Waste. At all times during the Term, County shall neither commit waste, nor
<br /> suffer waste to be committed to the Easement Area or to Grantor's property.
<br /> (c)Hazardous, Toxic or Harmful Substances.
<br /> 1. County shall not keep, use, dispose, transport, generate, and/or sell on or about
<br /> the Easement Area or on Grantor's property, any substances now or hereinafter
<br /> designated as, and/or containing components now or hereinafter designated as,
<br /> and/or that are subject to regulation as, hazardous, toxic, dangerous, or harmful
<br /> by any federal, state, or local law, regulation, statute, or ordinance, including
<br /> but not limited to the Resource Conservation and Recovery Act,
<br /> Comprehensive Environmental Response Compensation and Liability Act,
<br /> Superfund Amendments and Re-authorization Act of 1986, and the
<br /> Washington Model Toxic Control Act (hereinafter collectively referred to as
<br /> "Hazardous Substances"), in violation of any such law, regulation, statute, or
<br /> ordinance.
<br /> 2. County shall promptly notify Grantor of all such spills or releases of any
<br /> Hazardous Substances that are otherwise required to be reported to any federal,
<br /> state, or local regulatory agency and, upon notice thereof, shall promptly notify
<br /> Grantor of all failures to comply with any federal, state, or local law,
<br /> regulation, or ordinance, as now enacted, or as subsequently enacted or
<br /> amended; all inspections of the Easement Area or Grantor's property by any
<br /> regulatory entity concerning the same; all regulatory orders or fines; and all
<br /> response or interim cleanup actions taken by or proposed to be taken by any
<br /> government entity on the Easement Area.
<br /> 3. County agrees to conduct, at its own expense, all test, audits, surveys, or
<br /> investigations requested by Grantor, in writing, during the term of the
<br /> Easement as are reasonable and necessary to ascertain the existence, scope, or
<br /> effects of Hazardous Substances on the Easement Area or Grantor's property
<br /> or associated natural resources where Grantor has reason to believe the
<br /> Hazardous Substances result from or are associated with County use,
<br /> occupation, or control of the Easement area, and to provide the results of such
<br /> tests, audits, surveys, or investigations to Grantor. If County fails to conduct
<br /> such tests, Grantor may conduct such tests and Grantor shall be entitled to
<br /> receive full reimbursement from County upon demand, together with interest
<br /> thereon from the date of expenditure at the rate of one percent per month (or at
<br /> such higher rate as may be authorized by statute subsequent to the execution
<br /> date of this Easement).
<br /> 4. County shall be fully and completely liable to Grantor, shall waive any claims
<br /> against Grantor for contribution or otherwise, and shall indemnify, defend, and
<br /> save harmless Grantor and its agencies, employees, officers, directors, and
<br /> agents with respect to any and all liability, damages (including damages to
<br /> land, aquatic life, and other natural resources), expenses, causes of action,
<br /> suits, claims, costs (including testing, auditing, surveying, and investigation
<br /> 6
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