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<br />
<br />4
<br />Site: MINC CRAIG’S LIST
<br />BUN: 830671
<br />4846-5132-9375.5101460\003078
<br />6. Perpetual Easement. This Easement and Grantee’s rights and privileges hereunder
<br />shall be perpetual and may be terminated only as provided for herein.
<br />7. Grantee’s Right to Terminate. Grantee shall have the unilateral right, but not the
<br />obligation, to terminate this Easement for any reason. Upon termination of this Easement, (i) if
<br />the Lease Agreement is then in effect, the rights and obligations as lessor under the Lease
<br />Agreement shall revert to Grantor and (ii) the parties shall have no further obligations to each
<br />other; provided, however, that if Grantee installed any buildings, structures or equipment upon the
<br />Easement Area, Grantee shall, within a reasonable time, not to exceed one hundred eighty (180)
<br />days, remove all of its building(s), tower and above ground property and restore the surface of the
<br />Easement Area to its original condition prior to any such installment, reasonable wear and tear
<br />excepted. Any buildings, structures or equipment installed or constructed upon the Easement
<br />Area by Lessee, or those holding by, through and under Lessee, shall be subject to the terms and
<br />conditions of the Lease Agreement. Said termination shall be effective upon Grantee providing
<br />written notice of termination to Grantor.
<br />8. Hazardous Materials.
<br />(a) For purposes of this Easement, the term “Hazardous Materials” means any
<br />substance which is (i) designated, defined, classified or regulated as a hazardous
<br />substance, hazardous material, hazardous waste, pollutant or contaminant under
<br />any Environmental Law, as currently in effect or as hereafter amended or enacted,
<br />(ii) a petroleum hydrocarbon, including crude oil or any fraction thereof and all
<br />petroleum products, (iii) PCBs, (iv) lead, (v) asbestos, (vi) flammable explosives,
<br />(vii) infectious materials, or (viii) radioactive materials. “Environmental Law(s)”
<br />means the Comprehensive Environmental Response, Compensation, and Liability
<br />Act of 1980, 42 U.S.C. Sections 9601, et seq., the Resource Conservation and
<br />Recovery Act of 1976, 42 U.S.C. Sections 6901, et seq., the Toxic Substances
<br />Control Act, 15 U.S.C. Sections 2601, et seq., the Hazardous Materials
<br />Transportation Act, 49 U.S.C. 5101, et seq., and the Clean Water Act, 33 U.S.C.
<br />Sections 1251, et seq., as said laws have been supplemented or amended to date,
<br />the regulations promulgated pursuant to said laws and any other federal, state or
<br />local law, statute, rule, regulation or ordinance which regulates or proscribes the
<br />use, storage, disposal, presence, clean-up, transportation or release or threatened
<br />release into the environment of Hazardous Materials.
<br />(b) Grantee shall not (either with or without negligence) cause or permit the use,
<br />storage, generation, escape, disposal or release of any Hazardous Materials in any
<br />manner not sanctioned by law. In all events, Grantee shall indemnify and hold
<br />Grantor harmless from any and all claims, damages, fines, judgments, penalties,
<br />costs, liabilities or losses (including, without limitation, any and all sums paid for
<br />settlement of claims, attorneys’ fees, and consultants’ and experts’ fees) arising
<br />from the presence or release of any Hazardous Materials on the Easement Area if
<br />caused by Grantee or persons acting under Grantee.
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