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5.0 LIABILITY, INDEMNIFICATION, AND COMPLIANCE During constriction, operation, and maintenance of the piF~eline, the federal government will be protected from liability that may be caused by construction, operation, maintenance or a release of hazazdous substances from the pipeline. American Soda will indemnify the United States against any liability for damage to property or loss of life resulting from the construction, operation, or maintenance of the pipeline on public lands, including liabilir~ arising from the release of any hazazdous substance or hazardous waste frost the pipeline (as these terms are defined in the Comprehensive Envirormnental Response, Compensation and Liability Act of 1980, 42 U.S.C. 9601, et s,gcl. or the Resource Conservation and Recovery Act, 42 U.S.C 6901, e~ ~.) on this ROW (unless the release or threatened release is unrelated to American Soda activity on this ROW) or resulting from other American Soda activity on the ROW. This applies without regazd to whether a release is caused by the American Soda, their agents, or representatives. The environment will be protected from potentially being contaminated by hazardous materials. American Soda will comply with all applicable laws and regulations enacted or promulgated under the Toxic Substances Control Act of 1976, as amended, 15 U.S.C. 2601 et seq. (1982). American Soda will comply with regazd to any toxic substances that are used, generated by, or stored on this ROW or on any facilities authorized under this ROW. Any release of toxic substances (leaks, spills, etc.) in excess of the reportable quantities established by 40 CFR 117 will be reported as required by the Comprehensive Environmental Responses, Compensation and Liability Act; Section 102b. A copy of any report required or requested by any federal agency or state government as a result of reported release or spill of any toxic substance will be furnished to the BLM concurrent witlh the filing of the reports to the agencies involved. ~J Pipdvx Plan of Devetopme~t 32 Yankee Gulch Sodium M:.. S Project Mtcion Soda, LLP.