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2. K-C's Use of Easement Area <br /> K-C reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein <br /> granted. K-C shall not undertake any activity on the Property that endangers the lateral support to the <br /> Easement Improvements. K-C shall not alter the surface level or elevation of the ground within the <br /> Easement Area. <br /> 3 Term and Restoration <br /> The Easement granted hereunder shall automatically terminate as to the Decommissioning Easement Area <br /> one (1) year after mutual execution of this Agreement and, as to the Temporary Easement Area, five (5) <br /> years after mutual execution of this Agreement, or such other extended date as mutually agreed upon in <br /> writing, if not sooner terminated as herein provided ("Termination Date"). K-C and the City agree to <br /> execute a commercially reasonable memorandum, in recordable form, confirming the termination of this <br /> Agreement, which K-C may record at its cost. On or prior to the Termination Date,the City shall remove <br /> the Easement Improvements and all associated appurtenances installed by the City from the Property and <br /> restore the Easement Area to substantially the same condition that existed on the Effective Date. If the <br /> City fails to timely remove the Easement Improvements and restore the Easement Area, K-C shall be <br /> entitled to do so without any liability to the City and the City shall promptly reimburse K-C for all out-of- <br /> pocket costs incurred by K- C as a result of such failure by the City (which obligation shall survive <br /> termination of this Agreement). Unless expressly provided in this Agreement to the contrary, no other <br /> obligations of either party shall survive the termination of this Agreement, except for those obligations <br /> which were to have been satisfied during the Term or payments to be made with respect to the period <br /> during which this Agreement was in effect. The City's indemnification obligation per Section 6 shall <br /> survive the termination of this Agreement. <br /> 4. Covenants Regarding Use <br /> a. The City acknowledges that the Property may not be supervised by K-C and K-C will not be <br /> responsible for providing any security on or about the Property or for ensuring the safety of any <br /> vehicles or persons on or about the Property. <br /> b. Grantee is expressly prohibited from conducting any environmental studies or tests on the soil <br /> and groundwater at the Property (including, without limitation, invasive environmental tests) <br /> unless Grantor has approved in writing such environmental studies or tests, the specific scope of <br /> work thereof and the consultant or persons performing such work("Grantee's Testing Request"). <br /> Grantor acknowledges that Grantee may be required to conduct excavations in the ordinary <br /> course of activities allowed under this Agreement related to the Easement Improvements and may <br /> need to study or test the environmental conditions of soils or groundwater in connection with <br /> such activities. Grantor agrees that it will promptly consider all of Grantee's Testing Requests <br /> and will not unreasonably withhold or delay its consent. If Grantor fails to respond to Grantee's <br /> Testing Request within ten (10) business days of Grantor's receipt of notice of such request, <br /> Grantor shall be deemed to have approved the request. <br /> c. The City shall not generate, use, store, dispense, transport or dispose of any Hazardous Materials <br /> on the Property. Provided, however,the City may conduct such activities necessary to dispose of <br /> any Hazardous Materials that are encountered during activities relating to Easement <br /> Improvements and that existed there prior to City's entry upon the Property The term <br /> "Hazardous Materials" shall mean any Petroleum (or fraction thereof or additive thereto), <br /> Hazardous Substance, Pollutant or Contaminant (as those terms are defined in their broadest <br /> sense by any applicable federal, state or local law, rule, regulation or order, or amendment or <br /> modification thereto, pertaining or relating to the protection of the environment and/or public <br /> health). In connection with or related to the Permitted Use, the City shall comply with all <br /> applicable federal, state, and local laws, statutes, rules, regulations, and ordinances (collectively, <br /> 3 <br />