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6.1.G. - Page 7
<br /> breaches of the earth berm stnicture, PG&E is under no duty or obligation to repair, reconstnict or
<br /> restore the earth berin structure to its foriner condition. PG&E shall not be liable to Grai7tee for,
<br /> and Grantee hereby waives and releases PG&E and its affiliates and officers from, any and all
<br /> Claims (as defined below in Sectioil 6(a)), whether in contract, tort or on any other basis, for any
<br /> loss of use of or damage to or destn�ction of the earth bern� stn�cture or Improvements (as defined
<br /> below in Section 5) or other real property in or about the Easement Area, and for damage or other
<br /> financial loss to Grai7tee, resulting from or attributable to an occurrence on the Easeinent Area, t11e
<br /> condition of the Easemei7t Area, or the use or occupancy of the Easement Area, including, without
<br /> linutatioi7, any breach of the earth berm structure, erosioi7, subsidence, earth movement,
<br /> earthqualce, flood or rise in sea level. The provisions of this Section shall survive the expiration or
<br /> earlier termination of this Easement.
<br /> 4. Condition of Easement Area. Grantee accepts the Easement Area in its e�sting
<br /> physical condition, without warranty by PG&E or any duty or obligation oi7 the part of PG&E to
<br /> maintain the Easeinent Area or the earth berm stn�cture witlun the Easeinent Area. GRANTEE
<br /> ACCEPTS ITS INTEREST IN THE PROPERTY IN AN "AS-IS WITH ALL FAULTS"
<br /> BASIS WITH ANY AND ALL PATENT AND LATENT DEFECTS, IS NOT RELYING
<br /> ON AND HEREBY WAIVES ANY WARRANTY OF MERCHANTABILITY,
<br /> HABITATBILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY OTHER
<br /> REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, OR ANY KIND
<br /> WHATSOEVER FROM PG&E WITH RESPECT TO THE MATTERS CONCERNING
<br /> THE EASEMENT AREA OR THE PROPERTY. Grantee aclaiowledges that one or more of
<br /> the following (collectively, "Potential Environmental Hazards") may be located in, on or
<br /> underlying the Easement Area and/or the larger parcel of property containing the Easement Area:
<br /> (a) electric fields, magnetic fields, electromagnetic fields, electron�agnetic radiation,
<br /> power frequency fields, and extremely low frequency fields, however desi�lated, a�1d whether
<br /> emitted by electric transinission lines, other distribution equipment or otherwise ("EMFs");
<br /> (b) Hazardous Substances (as hereinafter defined). For purposes hereof, the term
<br /> "Hazardous Substances" n�eans any hazardous or toxic material or waste wluch is or becomes
<br /> regulated by Legal Requirements (as hereinafter defined) relating to the protection of lniman health
<br /> or safety, or regulating or relating to industrial hygiei7e or environinental conditions, or the
<br /> protection of the enviromllent, or pollution or conta�nination of the air, soil, surface water or
<br /> groundwater, including, but not limited tq laws, requirements and regulatioils pertaining to
<br /> reporting, licensing, permitting, investigating and remediating einissions, discharges, releases or
<br /> threatened releases of such substances into the air, surface water, or land, or relating to the
<br /> manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of
<br /> such substances. Without limiting the generality of the foregoing, the term Hazardous Substances
<br /> includes any material or substance:
<br /> (1) now or hereafter defined as a"hazardous substance," "hazardous
<br /> waste," "hazardous material," "extreinely hazardous waste," "restricted hazardous waste" or "toxic
<br /> substance" or words of similar import under any applicable local, state or federal law or under the
<br /> regulations adopted or promulgated pursuant theretq including, without linutatioi7, the
<br /> Comprehensive Environinental Response, Compensation and Liability Act of 1980, 42 U.S.C.
<br /> §§9601 et se�c. ("CERCLA"); the Resource Conservation ai7d Recovery Act of 1976, 42 U.S.C.
<br /> ATTY/AGR/2012.046/BAIR TRIAL EASEMENT
<br /> REV:04-18-12 VR
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