RES 231 Draft 01 2008-2010 - Laserfiche WebLink

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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 ofnon-exclusive easement, "hazardous material" shall mean any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, or oil as defined in or pursuant to the Resource Conservation and Recovery Act, as amended, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Federal Clean Water Act, or any other federal, state or local environmental law, regulation, ordinance, rule or bylaw, whether existing as of the date hereof, previously enforced, or subsequently enacted. The Grantee agrees to indemnify, defend, and hold the Grantor harmless, from any damages and claims resulting from the release of hazardous materials on the easement area occurring while the Grantee is in possession or elsewhere if caused by the Grantee or persons acting under the Grantee. This provision for indemnity, defense and hold-harmless shall be in addition to and shall supplement the provisions in Paragraphs 20, 21, 23 and 24. In addition, the Grantee will not cause or permit the escape, disposal or release of materials, such as paint, household liquids or other matter that may damage, render unsafe or alter the appearance or condition of the easement area or any property owned by the Grantor or Hokuli`a lot owners, whether such materials are deemed to be or not to be hazardous materials, and, further, will take steps to ensure that the general motoring public shall not cause or permit such escape, disposal or release to occur. The Grantee will take measures to immediately clean and remove such materials from the easement area or property owned by the Grantor of Hokuli`a lot owners. 17