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It <br /> Prior rights. This permit is subject to any rights and valid claims previously conveyed by <br /> Grantor, and to any rights and valid claims pending on said premises. <br /> Grantee rights herein are subject to all matters of public record and to all prior unrecorded or <br /> recorded easements,permits, leases and options affecting said lands or Grantee rights across, <br /> over or upon such lands. Grantee rights herein are also subject to the rights of the Grantor to use <br /> its own lands for any and all legal purposes including the use of the land by third parties with the <br /> permission of the Grantor. <br /> Damage. Grantee shall take all reasonable precautions to protect Grantor-owned timber, crops <br /> and improvements. The Grantee must notify the Grantor two (2)weeks in advance of <br /> completion of said operations for the purpose of inspection for compliance with the terms hereof. <br /> Grantee shall pay Grantor for any damage to timber, crops and improvements not identified and <br /> paid for under the terms and conditions of this Permit. Grantor shall appraise the damage at <br /> market value at the time of damage and bill Grantee for said damages at said value. <br /> Waste. Grantee shall not cause nor permit any filling activity to occur in or on the premises, <br /> except by prior written approval of the Grantor. Grantee shall not deposit refuse, garbage, or <br /> other waste matter or use, store, generate,process, transport,handle, release, or dispose of any <br /> hazardous substance, or other pollutants in or on the premises except in accordance with all <br /> applicable laws. The term hazardous substance means any substance or material as those terms <br /> are now or are hereafter defined or regulated under any federal, state, or local law including but <br /> not limited to the Comprehensive Environmental Response, Compensation and Liability Act <br /> (CERCLA 42 USC 9601 et seq.), or the Washington Model Toxic Control Act (MTCA RCW <br /> 70.105D.010.). Grantee shall immediately notify the Grantor if the Grantee becomes aware of <br /> any release or threatened release of hazardous substance on the premises or adjoining property. <br /> If a release of hazardous substance occurs in, on,under,or above the premises arising out of any <br /> action of the Grantee, its contractors, subcontractors,invitees, agents, employees, licensees, or <br /> permittees, the Grantee shall, at its sole expense,promptly take all actions necessary or advisable <br /> to clean up, contain, and remove the hazardous substance in accordance with applicable laws. <br /> Survey Markers. Grantee shall not destroy any land survey monuments marking local control <br /> points, geodetic control points, and land boundary survey corners without prior written approval <br /> from the landowner, which shall not be unreasonably withheld. <br /> Land survey monuments that must necessarily be disturbed or destroyed during construction or <br /> maintenance activities must be adequately referenced and replaced, at the Grantee's expense, <br /> under the direction of a Professional Land Surveyor, licensed in the State of Washington, in <br /> accordance with all applicable laws of the State of Washington in force at the time of <br /> construction,including but not limited to RCW 58.24, and all Department of Natural Resources <br /> regulations pertaining to preservation of such monuments. <br /> As directed under Chapter 332-120 WAC, a Land Surveyor or Engineer must submit an <br /> application with the Department of Natural Resources for permission to temporarily remove or <br /> destroy a survey monument. <br /> Private to State RUP Page 3 of 7 Road Use Permit No.55-087454 <br /> 12 <br />