|
� � .
<br /> breaches of the earth berm structure, PG&E is under no duty or obligation to repair, reconstruct or
<br /> restore the earth berm structure to its former condition. PG&E shall not be liable to Grantee 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 Section 6 (a)), whether in contract, tort or on any other basis, for any
<br /> loss of use of or damage to or destruction of the earth berm structure 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 Grantee, resulting from or attributable to an occurrence on the Easement Area, the
<br /> condition of the Easement Area, or the use or occupancy of the Easement Area, including, without
<br /> limitation, any breach of the earth berm structure, erosion, subsidence, earth movement,
<br /> earthquake, 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 existing
<br /> physical condition, without warranty by PG&E or any duty or obligation on the part of PG&E to
<br /> maintain the Easement Area or the earth berm structure within the Easement 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 acknowledges 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, electromagnetic radiation,
<br /> power frequency fields, and extremely low frequency fields, however designated, and whether
<br /> emitted by electric transmission lines, other distribution equipment or otherwise ("EMFs");
<br /> (b) Hazardous Substances (as hereinafter defined). For purposes hereof, the term
<br /> "Hazardous Substances" means any hazardous or toxic material or waste which is or becomes
<br /> regulated by Legal Requirements (as hereinafter defined) relating to the protection of human health
<br /> or safety, or regulating or relating to industrial hygiene or environmental conditions, or the
<br /> protection of the environment, or pollution or contamination of the air, soil, surface water or
<br /> groundwater, including, but not limited to, laws, requirements and regulations pertaining to
<br /> reporting, licensing, permitting, investigating and remediating emissions, 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," "extremely 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 thereto, including, without limitation, the
<br /> Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C.
<br /> §§9601 et seg. ("CERCLA"); the Resource Conservation and Recovery Act of 1976, 42 U.S.C.
<br /> ATTY/AGR/2012.046/BAIR TRIAL EASEMENT
<br /> REV:04-18-12 VR
<br /> Page 3 of 24
<br />
|