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Resource Conservation and Recovery Act (42 U.S.C. Sec. 6903), or defined as a "hazardous <br />substance" under Section 101 of the Comprehensive Environmental Response, Compensation, <br />and Liability Act (42 U.S.C. Sec. 9601), and, including, without limitation, petroleum products <br />and byproducts, PCBs and asbestos. <br />3.6 Grantee shall comply with all applicable federal, state and local laws, rules and <br />ordinances in connection with its use of the Easement Property and has or shall obtain all permits <br />and approvals required by applicable governmental or quasi -governmental entities in connection <br />with Grantee's Easement Activities and use of the Easement Property as permitted hereunder. <br />3.7 The Easement and rights granted herein shall not be used in such a manner as to <br />violate any county regulation, city ordinance or state or federal law, rule or regulation. <br />3.8 Grantee shall utilize the Easement in such a manner reasonably necessary in <br />Grantee's sole discretion to conduct and complete Grantee's Work on the Easement Property in <br />accordance with the terms of the Purchase Agreement. It is specifically contemplated that <br />Grantee may construct a tributary well or wells on the Easement Property to the extent necessary <br />to complete Grantee's Work, provided that: [a] Grantee complies with all federal, state and local <br />laws and regulations pertaining to the construction and operation of such wells; [b] Grantee does <br />not construct or operate such wells in a manner that causes injury to the Slurry Walls on any of <br />the Project Property, or to property interests held by third parties, and; [c] such wells are <br />removed or abandoned in accordance with state regulations prior to delivery of the Cell on the <br />Easement Property to Grantor. It is further contemplated that Grantee may operate and use any <br />tributary wells that existed on the Easement Property prior to Grantee's construction of Slurry <br />Walls on such property, provided that such operation and use complies with all of the <br />requirements stated above pertaining to tributary wells that may be constructed by Grantee. <br />3.9 During the Term of this Easement, Grantee shall obtain, keep in force and <br />maintain and cause each of its contractors to obtain, keep in force and maintain, at no cost to <br />Grantor, policies of insurance of the types and in the amounts required by Exhibit [N] to the <br />Purchase Agreement. <br />3.10 Grantee's Access Rights shall not be used in such a manner as to unreasonably <br />interfere with Grantor's use of any Cells that have then been delivered to Grantor by Grantee. <br />4. GRANTOR'S OBLIGATIONS. <br />4.1 Grantor shall not disturb or impede Grantee's completion of Grantee's Work and <br />Grantee's exercise of Grantee's Access Rights to the extent that Grantee's Work is performed <br />and Grantee's Access Rights are exercised in accordance with the terms of this Easement <br />Agreement and the Purchase Agreement. <br />5. INDEMNIFICATION. <br />5.1 Grantee shall indemnify, protect, hold harmless and, in Grantor's sole discretion, <br />defend (with counsel reasonably acceptable to Grantor) Grantor, and its officers, employees, <br />agents and attorneys and their successors and assigns (collectively with Grantor, the <br />"Indemnitees") from and against any and all claims, damages, losses, liens, costs, liabilities, <br />Page 4 <br />Access Esmt Evenst - 8-10.15 <br />