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hereunder (or its failure to perform), including, but not limited to, its obligation to <br />maintain and repair pursuant to Section 6(c) hereof all THR other than Grantor <br />Maintained Roads or to Grantee's or Grantee's aff liates', agents' or independent <br />contractors' vehicles and/or equipment or any of their respective employees, or otherwise <br />resulting from Grantee's exercise of the rights granted hereunder. <br />(3) If Grantor receives any Governmental Orders that should <br />have been issued to Grantee pursuant to this Section 6(h), Grantor may defend such <br />Governmental Orders and take action as it deems necessary to abate or contest such <br />Governmental Orders. Any fine, assessment or penalty received by Grantor as a result of <br />such Governmental Orders and paid by Grantor shall be reimbursed by Grantee within <br />thirty (30) days of receipt of notice of payment. Grantor agrees to provide notice of any <br />such Governmental Orders to Grantee immediately, but in no case to exceed five (5) days <br />after receipt of such Governmental Orders, and to meet with and inform Grantee of the <br />nature and amount of work required to abate any condition cited in such Govemmental <br />Orders, and the parties shall jointly agree to the estimated cost therefor. Grantee shall <br />promptly reimburse Grantor the agreed estimated costs (and in no event more than ten <br />(10) days after parties agree to such costs) associated with abating and/or contesting such <br />Governmental Orders, including, but not limited to, all labor, construction and other <br />physical work and all legal, engineering or other expense. <br />{C0907205.1 } <br /> <br />3-4.51 <br />