RD/RA, THE
BIOLOGICAL ASSESSMENT OR OTHER REQUIREMENTS OF EPA, AND AS APPROVED OR REQUIRED
BY
FERC ;
C.
BY GRANTING TO AR AND ITS DESIGNEES
ACCESS ACROSS THE EASEMENT GRANTED IN FAVOR OF THE MONTANA POWER COMPANY (BOOK
131 OF DEEDS AT PAGE 625, MISSOULA COUNTY), FOR THE PURPOSE OF REMOVING SOIL AND
ROCK AS NECESSARY FOR MILLTOWN SITE RD/RA FROM THE EASEMENT PROPERTY AND
ADJACENT LANDS.
NOR WAIVES ANY CLAIM TO COMPENSATION FOR ITS GRANT OF ACCESS
ACROSS SAID EASEMENT AND THE REMOVAL OF BORROW MATERIALS THEREFROM.
IN THE
EVENT NOR HOLDS A FEE SIMPLE INTEREST IN LANDS FROM WHICH BORROW MATERIALS ARE
REQUIRED FOR MILLTOWN RD/RA, NOR SHALL BE ENTITLED TO COMPENSATION
11
AT THE PREVAILING MARKET RATE FOR BORROW MATERIALS FROM SAID LANDS, AND
D.
BY PARTICIPATING IN COMMUNITY RELATIONS
ACTIVITIES AS REQUIRED BY THE MILLTOWN CD AND THE MILLTOWN ROD AND IMPLEMENTING
DOCUMENTS.
3.
NOR AGREES TO USE COMMERCIALLY
REASONABLE EFFORTS TO NAME AR AS AN ADDITIONAL INSURED UNDER ITS CATASTROPHIC
RELEASE POLICY ISSUED BY AIG.
IN THE EVENT REMOVAL OF THE MILLTOWN DAM DOES NOT
OCCUR BEFORE THE EXPIRATION OF THE TERM OF THE CURRENT INSURANCE POLICY
PROVIDING SUCH COVERAGE, AND NOR IS REQUIRED PURSUANT TO THE MILLTOWN CD TO
RENEW THE POLICY OR PROVIDE SIMILAR COVERAGE FROM A DIFFERENT INSURER, NOR WILL
USE COMMERCIALLY REASONABLE EFFORTS TO NAME AR AS AN ADDITIONAL INSURED PARTY
FOR SUCH INSURANCE.
4.
GIVEN THE LIKELIHOOD THAT THE RADIAL
GATE AND SPILLWAY OF THE MILLTOWN DAM WILL BE REMOVED PURSUANT TO THE MILLTOWN
SITE RD/RA, AR AGREES TO COOPERATE WITH AND SUPPORT NOR IN NOR'S EFFORTS TO
OBTAIN FERC APPROVAL TO DELAY CAPITAL IMPROVEMENTS AND DAM UPGRADES FOR THE
MILLTOWN PROJECT, FOR SO LONG AS THE UNITED STATES AND THE STATE SUPPORT A DAM
REMOVAL REMEDY.
5.
AR AGREES THAT ALL COSTS FOR THE
MILLTOWN SITE POLICY, INCLUDING INCREASED COSTS OF THE REMEDIAL PLAN COVERED
UNDER ENDORSEMENT NO. 3, ARE TO BE BORNE BY AR AND THAT IT SHALL DIRECT AIG TO
NAME NOR AS AN ADDITIONAL INSURED UNDER ITS MILLTOWN SITE POLICY ISSUED BY AIG.
6.
AR AND NOR AGREE TO COOPERATE BY
PARTICIPATING IN THE INITIATION AND/OR DEFENSE OF, OR PARTICIPATION IN ANY
APPROPRIATE ADMINISTRATIVE OR JUDICIAL PROCEEDINGS IN WHICH THEY ARE NAMED AS
PLAINTIFFS, DEFENDANTS, THIRD PARTIES OR OTHERWISE ARE NECESSARY PARTIES
REGARDING THE SUBJECT MATTER OF THIS AGREEMENT.
AR AND NOR EACH WILL BEAR ITS
OWN COSTS OF PARTICIPATING IN SUCH PROCEEDINGS.
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E.
RELEASES AND RESERVATIONS OF RIGHTS
1.
AR RELEASES ALL OF ITS CLAIMS AGAINST
NOR, INCLUDING CLAIMS FOR CONTRIBUTION, FOR ALL COSTS, LOSS OR DAMAGES
WHATSOEVER, INCLUDING MILLTOWN PAST RESPONSE COSTS, MILLTOWN FUTURE RESPONSE
COSTS, MILLTOWN ADDITIONAL RESPONSE COSTS, AND MILLTOWN PROJECT COSTS, RELATING
TO THE MILLTOWN SITE RD/RA AND THE MILLTOWN SITE AND PAST AND FUTURE UPLAND
DISPOSAL AREA COSTS, BUT NOT INCLUDING DOWNSTREAM RESPONSE COSTS; PROVIDED,
HOWEVER, THAT IF NOR BREACHES ANY MATERIAL TERM OF THIS AGREEMENT (INCLUDING,
SPECIFICALLY, SECTIONS VI A AND VI C HEREOF), SUCH RELEASE