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exclusive easement for the purpose of defining the easement area's current state of condition. 17. Hazardous Substances; Spills. The Grantee will not cause or permit the escape, disposal or release of any hazardous materials on the easement area or any property owned by the Grantor or Hokuli'a lot owners except as permitted by law and, further, will take steps to ensure that the general motoring public will not cause or permit such escape, disposal or release to occur. The Grantee will not allow the storage or use of such materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such materials, nor allow to be brought onto the easement area or any property owned by the Grantor or Hokuli'a lot owners any such materials except to use in the ordinary course of the Grantee's business, and then only after written notice is given to the Grantor of the identity of such materials and upon the Grantor's consent which consent may be withheld at the Grantor's sole and absolute discretion. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of hazardous materials by the Grantee, then the Grantee will be responsible for the reasonable costs thereof. In addition, the Grantee will execute affidavits, representations and the like from time to time at the Grantor's request concerning the Grantee's best knowledge and belief regarding the presence of hazardous materials on the easement area or any property owned by the Grantor or Hokuli'a lot owners placed or released by the Grantee. For the purpose of this grant of non-exclusive easement, "hazardous material" shall mean any pollutant, toxic substance, hazardous 18