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by or proposed to be taken by any government entity or private party on the
<br /> easement area.
<br /> 3. Grantee 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 /> Agreement as are reasonable and necessary to ascertain the existence, scope, or
<br /> effects of Hazardous Substances on the easement area or associated natural
<br /> resources where grantor has reason to believe the Hazardous Substances result
<br /> from or are associated with the use, occupation, or control of the easement area
<br /> or adjacent property by Grantee, any predecessor-in-interest of Grantee, or any
<br /> entity related to Grantee, and to provide the results of such tests, audits,
<br /> surveys, or investigations to Grantor. If Grantee fails to conduct such tests,
<br /> Grantor may conduct such tests and Grantor shall be entitled to receive full
<br /> reimbursement from Grantee upon demand, together with interest thereon from
<br /> the date of expenditure at the rate of one percent per month (or at such higher
<br /> rate as may be authorized by statute subsequent to the execution date of this
<br /> Agreement.
<br /> 4. Grantee 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 to 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 /> costs), fees (including attorneys' fees and costs), penalties (civil and criminal,
<br /> and response, cleanup costs, or remediation costs assessed against or imposed
<br /> upon Grantee, Grantor, or the easement area, as a result of Grantee's control of
<br /> the easement area, or Grantee's use, disposal, transportation, generation, and/or
<br /> sale of Hazardous Substances of that of Grantee's employees, agents, assigns,
<br /> contractors, subcontractors, licensees, permittee, or invitees, and for any breach
<br /> of this Subsection(c).
<br /> (d) Grantee to Take Corrective Action. The parties expressly agree that Grantee will,
<br /> at its own expense, upon any failure to comply with the above Subsections (a) —
<br /> (c) and upon direction to do so by Grantor, take corrective or remediation action
<br /> measures satisfactory to Grantor to restore the easement area, as nearly as
<br /> possible, to the condition the easement area would have been in absence of such
<br /> failure to comply (with lack of or failure to expend funds not to adversely affect
<br /> the possibility of restoration). If Grantee fails to do so, Grantee agrees that
<br /> Grantor may take such corrective action and Grantor shall be entitled to receive
<br /> full reimbursement from Grantee upon demand, together with interest thereon
<br /> from the date of expenditure at the rate of one percent per month (or at such
<br /> higher rate as may be authorized by statue subsequent to the execution date of this
<br /> Agreement.
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