|
(b) Waste. At all times during the Term,Grantee shall neither commit nor suffer waste
<br /> to be committed to the Property.
<br /> (c) Hazardous,Toxic or Harmful Substances.
<br /> 1. Grantee shall not keep, use, dispose, transport, or generate on or about the
<br /> Property any substances now or hereinafter designated as, and/or containing
<br /> components now or hereinafter designated as, and/or which are subject to
<br /> regulation as, hazardous, toxic, dangerous, or harmful by any federal, state, of
<br /> local law, regulation, statute, or ordinance, including but not limited to the
<br /> Resource Conservation and Recovery Act, Comprehensive Environmental
<br /> Response Compensation and Liability Act, Superfund Amendments and Re-
<br /> authorization Act of 1986, and the Washington Model Toxic Control Act
<br /> (hereinafter collectively referred to as "Hazardous Substances"), in violation of
<br /> any such law, regulation, statute, or ordinance.
<br /> 2. Grantee shall promptly notify Grantor of all spills or releases of any Hazardous
<br /> Substances which are otherwise required to be reported to any federal, state, or
<br /> local regulator agency and,upon notice thereof, shall promptly notify Grantor of
<br /> all failures to comply with any federal, state, or local law, regulation, or
<br /> ordinance, as now enacted, or as subsequently enacted or amended, all
<br /> inspections of the Property by any regulatory entity concerning the same, all
<br /> regulatory orders or fines, and all response or interim cleanup actions taken by
<br /> or proposed to be taken by any government entity or private party on the
<br /> Property.
<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 agreement
<br /> as are reasonable and necessary to ascertain the existence, scope, or effects of
<br /> Hazardous Substances on the Property or associated natural resources where
<br /> grantor has reason to believe the Hazardous Substances result from or are
<br /> associated with the use, occupation, or control of the Easement Area or adjacent
<br /> Property by Grantee,any predecessor-in-interest of Grantee,or any entity related
<br /> to Grantee, and to provide the results of such tests, audits, surveys, or
<br /> investigations to Grantor. If Grantee fails to conduct such tests, Grantor may
<br /> conduct such tests and Grantor shall be entitled to receive full reimbursement
<br /> from Grantee upon demand, together with interest thereon from the date of
<br /> expenditure at the rate of one percent per month (or at such higher rate as may
<br /> be authorized by statute subsequent to the execution date of this 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 land,
<br /> aquatic life, and other natural resources), expenses, causes of action, suits,
<br /> claims, costs (including testing, auditing, surveying, and investigation costs),
<br /> fees (including attorneys' fees and costs), penalties (civil and criminal, and
<br /> response, cleanup costs, or remediation costs assessed against or imposed upon
<br /> Grantee, Grantor, or the Property, as a result of Grantee's control of the
<br /> Easement Area, or Grantee's use, disposal, transportation, or generation of
<br /> 7
<br />
|