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<br /> Waste. Grantee shall not cause nor permit any filling activity to occur in or on Grantor's
<br /> Property, except by prior written approval of the Grantor. Grantee shall not deposit refuse,
<br /> garbage, or other waste matter or use, store, generate,process,transport,handle,release, or
<br /> dispose of any hazardous substance,or other pollutants in or on Grantor's Property except in
<br /> accordance with all applicable laws. The teen hazardous substance means any substance or
<br /> material as those terms are now or are hereafter defined or regulated under any federal, state, or
<br /> local law including but not limited to the Comprehensive Environmental Response,
<br /> Compensation and Liability Act(CERCLA 42 USC 9601 et seq.), or the Washington Model
<br /> Toxic Control Act(MTCA RCW 70.105D.010.). Grantee shall immediately notify the Grantor if
<br /> the Grantee becomes aware of any release or threatened release of hazardous substance on the
<br /> Grantor's Property or adjoining property. If a release of hazardous substance occurs in, on,
<br /> under, or above Grantor's Property arising out of any action of the Grantee,its contractors,
<br /> subcontractors, invitees, agents, employees, licensees, or peu.nittees,the Grantee shall, at its sole
<br /> expense,promptly take all actions necessary or advisable to clean up, contain, and remove the
<br /> 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. A Land Surveyor or Engineer must submit an application to the Grantor for
<br /> permission to temporarily remove or destroy a survey monument.
<br /> Fire Prevention and Control. The Grantee shall be responsible for satisfying the requirements
<br /> of the laws of the State of Washington pertaining to Forest Protection and,in addition thereto,the
<br /> Grantee shall during the closed season of April 15 through October 15 contact Grantor who shall
<br /> determine any extra requirements pertaining to burning procedure,blasting, watchman, extra
<br /> patrol,pumpers,tankers,fire hoses,fire tools,etc.,which are deemed necessary for prevention
<br /> and suppression of fire which may result from the Grantee's operations. Grantee shall adhere to
<br /> the Grantor's Industrial Fire Precaution Level Plan attached in Exhibit C.
<br /> Indemnity. In addition to any other indemnification, defense or hold harmless obligation in this
<br /> Permit, Grantee shall defend, indemnify and hold harmless the Grantor from all claims that arise
<br /> out of the negligence of the Grantee or its Permittees in their use of the Permit. A"claim" as
<br /> used in this section means any financial loss, claim, suit, action, damage, or expense, including
<br /> but not limited to attorneys' fees, attributable to bodily injury, sickness, disease or death, or
<br /> injury to or destruction of tangible property including the resulting loss of use. Solely and
<br /> expressly for the purpose of its duties to indemnify, defend, and hold harmless the Grantee under
<br /> this Permit,the Grantor specifically waives any immunity it may have under the State Industrial
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