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responsibility for said hazardous or toxic substances or materials upon, within, or under the
<br />real property interests transferred pursuant to this Second Easement Deed and Agreement.
<br />Likewise, nothing in this Second Easement Deed and Agreement is intended nor shall
<br />anything in this Easement Deed and Agreement be construed to transfer to GRANTOR or
<br />its successors or assigns or to relieve GRANTEE or its successors or assigns or
<br />predecessors in title now, has, has had, or comes to have with respect to human health or
<br />the environment, including but not limited to responsibility or liability relating to hazardous or
<br />toxic substances or materials (as such terms as those used in this sentence are defined by
<br />statute, ordinance, case law, governmental regulation or other provisions of the law),
<br />Furthermore, GRANTOR may exercise its right under law to bring action, if necessary, to
<br />recover cleanup costs and penalties paid, if any, from GRANTEE or any others who are
<br />ultimately determined by a court of competent jurisdiction and /or a federal, state or local
<br />regulatory or administrative governmental agency or body having jurisdiction, to have
<br />responsibility for said hazardous or toxic substances or materials upon, within, or under the
<br />real property interests transferred pursuant to this Second Easement Deed and Agreement.
<br />e. REMOVAL AND /OR ABANDONMENT
<br />GRANTEE agrees that in the event the services for which said facilities were constructed
<br />are discontinued and GRANTEE is not required by law, rule, or regulation of any
<br />governmental authority to furnish said services, or in the event the use of the facilities
<br />ceases for a period of more than one (1) year without written notice from GRANTEE to
<br />GRANTOR of the circumstances affecting such suspension and of GRANTEE's intention to
<br />resume usage of the facilities, GRANTEE, at GRANTOR's request and at no cost to
<br />GRANTOR, shall remove and /or abandon any portion of said facilities owned, operated,
<br />and /or maintained by GRANTEE. The scheduling for such removal or abandonment shall
<br />be mutually approved by GRANTOR and GRANTEE. Fallowing such
<br />removal /abandonment, GRANTEE, at no cost to GRANTOR, shall restore the Easement
<br />Area to the condition that existed prior to the granting of the easement, to GRANTOR's
<br />satisfaction. In the event of such removal and /or abandonment, GRANTEE shall execute
<br />and record in the Official Records of Orange County, California, a Quitclaim Deed sufficient
<br />to remove the encumbrance of this easement from title to the Easement Area.
<br />RELOCATION
<br />GRANTEE agrees that in the event the Distribution Facilities at any time interfere with the
<br />use, repair, or improvement of GRANTOR's property, GRANTEE shall, within two (2) years
<br />of receipt of written notice from GRANTOR, relocate said facilities to a site within
<br />GRANTOR's property, at GRANTEE's cost. The relocation site, relocation costs,
<br />scheduling, and coordination shall be mutually approved by GRANTOR and GRANTEE.
<br />GRANTEE shall furnish GRANTOR with a revised document containing terms and
<br />conditions similar to those contained herein.
<br />& REVISION OF LEGAL DESCRIPTION
<br />In the event that attached "Exhibit A" and/or "Exhibit A -1" is subsequently found to
<br />inaccurately describe the location of said facilities, the parties agree that a revised "Exhibit
<br />A" and/or "Exhibit A -1" and "Exhibit B" and /or "Exhibit B -1" will be prepared and recorded
<br />which will replace and supersede said "Exhibit A" and/or "Exhibit A -1" and "Exhibit B" and /or
<br />"Exhibit B -1 ". Said revision of Exhibit "A ", "Exhibit A -1 ", "Exhibit B ", and "Exhibit B -1" will not
<br />affect, alter or change this Agreement, Furthermore, this Agreement shall be deemed to be
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