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6.1.G. - Page 12
<br /> (b) Grantee aclalowledges that all Claims arising out of or in any way
<br /> connected with releases or discharges of any Hazardous Substance, or the exacerbation of a
<br /> Potential Environmental Hazard, occurring as a result of or in connection with Grantee's use or
<br /> occupancy of the Easeinent Area, or any of the activities of Grantee and Grantee's Representatives,
<br /> and all costs, expenses and liabilities for environmental investigations, moiutoring, contaiiunent,
<br /> abatement, reinoval, repair, cleanup, restoratioi7, remediatioi7 ai7d other response costs, including
<br /> reasonable attorneys' fees and disbursements and ai7y fines and penalties iinposed for the violation
<br /> of Legal Requireinents relating to the enviromilent or human health, are expressly witlun the scope
<br /> of the indeiniuty set forth above.
<br /> (c) Grantee's use of the Easeinent Area shall be at its sole rislc and expense.
<br /> Grantee accepts all rislc relating to its occupancy and use of the Easeinent Area. PG&E shall not
<br /> be liable to Grantee for, and Grantee hereby waives and releases PG&E and the other liidemnitees
<br /> froin, any and all liability, whether in contract, tort or on any other basis, for any injury, damage, or
<br /> loss resulting froin or attributable to airy occurrence on or about the Easeinent Area, the condition
<br /> of Easeinei7t Area, or the use or occupancy of the Easeinent Area.
<br /> (d) Grantee shall, to the maximum extent pen7utted by law, indenuufy, protect,
<br /> defend and hold Indemnitees hani�less against claims, losses, costs (including, but not lin7ited tq
<br /> attorneys' fees and costs), liabilities and damages resulting from the failure of Grantee, or any of
<br /> its contractors or subcontractors, to comply with the insurai7ce requireinei7ts set forth in Exhibit C,
<br /> attached hereto and made a part hereo£ If Grantee fails to so indemiufy, protect, defend or hold
<br /> harmless a�7y lildemiutee, then at PG&E's option, this Agreement shall terininate, and the estate
<br /> and interest herein granted to Grantee shall revert to and revest in PG&E, if such failure continues
<br /> for thirty (30) days following the giving of written notice of termination to Grantee, unless witlun
<br /> such time such failure is cured to the reasonable satisfaction of PG&E.
<br /> (e) The provisions of this Section 6 shall survive the ternunation of this
<br /> Agreement.
<br /> 7. Additional Facilities. Grai7tee shall not install any additional facilities or
<br /> iinprovements in, on, under or over the Easement Area without the prior written consent of PG&E,
<br /> which consent inay be granted or withheld in PG&E's sole and absolute discretion, and the prior
<br /> consent, to the extent required by applicable law or regulation, of the CPUC. Grantee shall submit
<br /> plans for installation of any proposed additional facilities or improvements witlun the Easement
<br /> Area to PG&E for its written approval at the address specified in Section 13.
<br /> 8. Abandoiunent; Termii7ation. Grantee reserves the rights to aba�ldon the
<br /> linprovements and other facilities installed hereunder at its own discretion. li1 the event Grantee
<br /> abandons such facilities installed hereunder, this Agreement shall ternunate and all of the
<br /> easen�ents and other rights of Grantee hereunder shall revert to PG&E. The non-use of such
<br /> facilities for a continuous period of two (2) years, unless such nonuse is due to factors outside
<br /> Grantee's reasoi7able control, in which case such period is extended to four (4) years, shall be
<br /> conclusive evidence of such abandoiuilent. Upon any termination of this Agreement, Grantee shall
<br /> reinove, at no cost to PG&E, such of Grantee's facilities and equipment installed pursuant to tlus
<br /> Agreement as PG&E may specify. Upon any tern�ination of this Agreement, Grantee shall
<br /> execute, aclalowledge and deliver to PG&E a quitclaim deed or such other documents or
<br /> ATTY/AGR/2012.046/BAIR TRIAL EASEMENT
<br /> REV:04-18-12 VR
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