RecDoc 2012-139032 - Laserfiche WebLink

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� + . §§6901 et se�c.; the Clean Air Act, 42 U.S.C. §§7401 et s�.; the Clean Water Act, 33 U.S.C. §§1251 et s�.;the Toxic Substance Control Act, 15 U.S.C. §§2601 et se�c.;the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§136 et s�.; the Atomic Energy Act of 1954, 42 U.S.C. §§2014 et se�c.; the Nuclear Waste Policy Act of 1982, 42 U.S.C. §§10101 et se�c.; the California Hazardous Waste Control Law, Cal. Health and Safety Code §§25100 et s�.; the Porter-Cologne Water Quality Control Act, Cal. Water Code §§13000 et se�c.; the Carpenter- Presley-Tanner Hazardous Substance Account Act (Health and Safety Code §§25300 et se�c.); and the Medical Waste Management Act (Health and Safety Code §§25015 et se�c.); or (2) which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic,mutagenic or otherwise hazardous, and is now or hereafter regulated as a Hazardous Substance by the United States, the State of California, any local governmental authority or any political subdivision thereof, or which cause, or are listed by the State of California as being known to the State of California to cause, cancer or reproductive toxicity; or (3) the presence of which on the Easement Area poses or threatens to pose a hazard to the health or safety of persons on or about the Easement Area or to the environment; or (4) which contains gasoline, diesel fuel or other petroleum hydrocarbons; or (5) which contains lead-based paint or other lead contamination, polychlorinated biphenyls ("PCBs") or asbestos or asbestos-containing materials ar urea formaldehyde foam insulation; or (6) which contains radon gas; (c) fuel or chemical storage tanks, energized electrical conductors or equipment, or natural gas transmission or distribution pipelines; and (d)other potentially hazardous substances,materials,products or conditions. Grantee shall be solely responsible for the health and safety of, and shall take all necessary precautions to protect, its employees, contractors, consultants, agents and invitees, including, without limitation, the general public ("Grantee's Representatives") from risks of harm from Potential Environmental Hazards. Grantee acknowledges that it has previously evaluated the condition of the Easement Area and all matters affecting the suitability of the Easement Area far the uses permitted by this Agreement, including, but not limited to, the Potential Environmental Hazards listed herein. 5. Grantee's Covenants. Grantee hereby covenants and agrees: (a) Construction of Improvements. Grantee agrees to construct and install, at no cost to PG&E, such facilities and improvements ("Improvements") as may be necessary and appropriate for Grantee's permitted use, as specified in Section l. All such construction shall be performed in accordance with the detailed plans and specifications for the Improvements prepared by Verde Design, dated March 2, 2012 ("Plans") previously submitted to PG&E by Grantee and ATTY/AGR/2012.046/BAIR TRIAL EASEMENT REV:04-18-12 VR Page 4 of 24