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(b) Grantee acknowledges 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 Easement Area, or any of the activities of Grantee and Grantee's Representatives,
<br /> and all costs, expenses and liabilities for environmental investigations, monitoring, containment,
<br /> abatement, removal, repair, cleanup, restoration, remediation and other response costs, including
<br /> reasonable attorneys' fees and disbursements and any fines and penalties imposed for the violation
<br /> of Legal Requirements relating to the environment or human health, are expressly within the scope
<br /> of the indemnity set forth above.
<br /> (c) Grantee's use of the Easement Area shall be at its sole risk and expense.
<br /> Grantee accepts all risk relating to its occupancy and use of the Easement Area. PG&E shall not
<br /> be liable to Grantee for, and Grantee hereby waives and releases PG&E and the other Indemnitees
<br /> from, any and all liability, whether in contract,tort or on any other basis, for any injury, damage, or
<br /> loss resulting from or attributable to any occurrence on or about the Easement Area, the condition
<br /> of Easement Area, or the use or occupancy of the Easement Area.
<br /> (d) Grantee shall, to the maximum extent permitted by law, indemnify, protect,
<br /> defend and hold Indemnitees harmless against claims, losses, costs (including, but not limited to,
<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 insurance requirements set forth in Exhibit C,
<br /> attached hereto and made a part hereof. If Grantee fails to so indemnify, protect, defend or hold
<br /> harmless any Indemnitee, then at PG&E's option, this Agreement shall terminate, 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 within
<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 termination of this
<br /> Agreement.
<br /> 7. Additional Facilities. Grantee sha11 not install any additional facilities or
<br /> improvements in, on, under or over the Easement Area without the prior written consent of PG&E,
<br /> which consent may 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 within the Easement
<br /> Area to PG&E for its written approval at the address specified in Section 13.
<br /> 8. Abandonment; Termination. Grantee reserves the rights to abandon the
<br /> Improvements and other facilities installed hereunder at its own discretion. In the event Grantee
<br /> abandons such facilities installed hereunder, this Agreement shall terminate and all of the
<br /> easements 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 reasonable control, in which case such period is extended to four (4) years, shall be
<br /> conclusive evidence of such abandonxnent. Upon any termination of this Agreement, Grantee shall
<br /> remove, at no cost to PG&E, such of Grantee's facilities and equipment installed pursuant to this
<br /> Agreement as PG&E may specify. Upon any termination of this Agreement, Grantee shall
<br /> execute, acknowledge 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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