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6.1.G. - Page 9
<br /> approved concurrently herewith by PG&E, incorporated herein by reference, and shall comply
<br /> with all Legal Requirements, as defined below in Section 5(b). Any material modification of the
<br /> approved Plans shall be subject to PG&E approval, which approval shall not be unreasonably
<br /> witl�lield, delayed or conditioned. Before conunencing coi7struction of any I�nproven7eilts, Grantee
<br /> shall obtain all pern�its, authorizations or other approvals, at Grantee's sole cost and expense as
<br /> may be necessary for such constn�ction. Without limiting the generality of the foregoing, Grantee
<br /> shall be responsible for complying with any and all applicable requiremei7ts of the Natioilal
<br /> Enviroiunental Policy Act ("NEPA") and the Califonlia Enviroiunental Quality Act ("CEQA")
<br /> and satisfying, at Grantee's sole expense, a�7y and all mitigation measures under CEQA that may
<br /> apply to Grantee's proposed occupancy and use of the Easement Area, and to the construction,
<br /> maintei7ance ai7d use of Grantee's proposed Improvemei7ts and facilities. Grantee shall promptly
<br /> notify PG&E of any and all proposed nutigation measures that may affect PG&E or the Easement
<br /> Area. If PG&E determines in good faith that any such mitigation measures may adversely affect
<br /> PG&E or the Easement Area, or impose limitations on PG&E's ability to use the Easement Area as
<br /> specified in Section 9, then PG&E shall have the right, without liability to Grantee, to give notice
<br /> of termination of tlus Agreement to Grantee, whereupon tlus Agreen�ent and the rights granted to
<br /> Grantee shall terminate and revest in PG&E, unless within thirty (30) days following delivery of
<br /> such notice, Grantee gives notice to PG&E by wluch Grantee agrees to inodify its proposed Project
<br /> (as that term is defined under CEQA) so as to eliminate the necessity for such mitigation measures.
<br /> I�7 the event of such termination, PG&E and Grantee shall each be released from all obligations
<br /> under this Agreement, except those wluch expressly survive termination. Grantee aclalowledges
<br /> ai7d agrees that PG&E's review of Grantee's Plans is solely for the purpose of protecting PG&E's
<br /> interests, and shall not be deemed to create ai7y liability of any lcind on the part of PG&E, or to
<br /> constitute a representation on the part of PG&E or any person consulted by PG&E in coiu7ection
<br /> with such review that the Plans or the I�nproven7ents conten7plated by such Plans are adequate or
<br /> appropriate for any purpose, or coinply with applicable Legal Requirements. Grantee shall not
<br /> coinmence construction or installation of a�7y linproveinents without the prior written consent of
<br /> PG&E, wluch consent shall not be unreasonably witl�lield, conditioned or delayed, and the prior
<br /> consent, to the extent required by applicable law or regulation, of the Califonlia Public Utilities
<br /> Commission (hereinafter, "CPUC");
<br /> (b) Com�liance with Laws. Grantee shall, at its sole cost a�7d expense,
<br /> promptly comply with (a) all laws, stat�ites, ordinances, n�les, regulations, requirements or orders
<br /> of inuiucipal, state, and federal authorities now in force or that may later be in force, including, but
<br /> not limited tq those relating to the generation, use, storage, handling, treatment, transportation or
<br /> disposal of Hazardous Substances, as defined herein, or to health, safety, noise, environinental
<br /> protection, air quality or water quality; (b) the conditions of any pern�it, occupancy certificate,
<br /> license or other approval issued by public officers relatin� to Grantee's use or occupancy of the
<br /> Easement Area; and (c) with any liens, encumbrai7ces, easements, covenants, conditions,
<br /> restrictions and servitudes (if any) of record, or of which Grantee has notice, wluch may be
<br /> applicable to the Easen7ent Area (collectively, "Legal Requirements"), regardless of when they
<br /> becon�e effective, insofar as they relate to the use or occupancy of the Easement Area by Grantee.
<br /> Grantee shall furnish satisfactory evidence of such compliance upon request by PG&E. The
<br /> jud�nent of ai7y court of competent jurisdiction, or t11e admissioi7 of Gra�7tee in any action or
<br /> proceeding against Grantee, whether or not PG&E is a parry in such action or proceeding, that
<br /> Grantee has violated any Legal Requirement relating to the use or occupancy of the Easen7ent
<br /> Area, shall be conclusive of that fact as between PG&E and Grantee;
<br /> ATTY/AGR/2012.046/BAIR TRIAL EASEMENT
<br /> REV:04-18-12 VR
<br /> Page 5 of 24
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