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FINAL DRAFT 1/16/2020 <br />harmful and/or that are subject to regulation as hazardous, toxic, dangerous, or <br />harmful by any federal, state or local law, regulation, statute, or ordinance; <br />10.4.3 Neither Grantor nor Grantor's predecessors in interest have disposed of any <br />hazardous substances off-site, nor have they disposed of substances at sites <br />designated or proposed to be designated as federal Superfund (42 U.S.C. §9601 <br />et seq.) or state Model Toxics Control Act (RCW §70.105D.010 et seq.) <br />("MTCA") sites; and <br />10.4.4 There is no pending or threatened litigation affecting the Protected Property or <br />any portion of the Protected Property that will materially impair the Agricultural <br />Conservation Values of any portion of the Protected Property. No civil or <br />criminal proceedings have been instigated or are pending against Grantor or its <br />predecessors by government agencies or third parties arising out of alleged <br />violations of environmental laws, and neither Grantor nor its predecessors in <br />interest have received any notices of violation, penalties, claims, demand letters, <br />or other notifications relating to a breach of environmental laws. <br />10.5 Remediation. If, at any time, there occurs, or has occurred, a Release in, on, or about <br />the Protected Property of a Hazardous Substance, Grantor agrees to take or compel <br />responsible third parties to take all steps required under applicable law and necessary <br />to assure its containment and remediation, including any cleanup that may be required <br />(except that the use of institutional controls shall not be allowed without Grantee's <br />consent), unless the Release was caused by Grantee, in which case Grantee shall be <br />responsible for such remediation to the extent the Release was caused by Grantee. At <br />its discretion, Grantee may assist Grantor in compelling third parties to contain and <br />remediate any such Release. <br />10.6 Environmental Warranty and Indemnification. Grantor warrants that it is in <br />compliance with, and will remain in compliance with, all applicable Environmental <br />Laws. Grantor warrants that there are no notices by any governmental authority of any <br />violation or alleged violation of, noncompliance or alleged noncompliance with or any <br />liability under any Environmental Law relating to the operations of conditions of the <br />Protected Property. Grantor further warrants that it has no actual knowledge of a <br />release or threatened release of Hazardous Materials, as such substances and wastes <br />are defined by applicable Federal and State law. <br />Moreover, Grantor hereby promises to hold harmless and indemnify NRCS, RCO and <br />the Grantees against all litigation, claims, demands, penalties, and damages, including <br />reasonable attorneys' fees, arising from or connected with the release or threatened <br />release of any Hazardous Materials on, at, beneath, or from the Protected Property, or <br />arising from or connected with a violation of any Environmental Laws by Grantor or <br />any other prior owner of the Protected Property. Grantor"s indemnification obligation <br />will not be affected by any authorizations provided by the Grantees, RCO or the United <br />-26- <br />