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201807114 <br />satisfactory to the successor Trustee that: (1) any current assets of the Trust, or <br />any proposed contribution of property to the Trust, is not contaminated by <br />hazardous or toxic materials or substances; and (2) the property comprising a part <br />of the Trust estate, or to be contributed to the Trust, is not being used, and has <br />never been used, for any activities directly or indirectly involving the generation, <br />use, treatment, storage, disposal, release or discharge of any hazardous or toxic <br />materials or substances in a manner in which the successor Trustee may determine <br />has the potential to create personal liability for the successor Trustee. <br />Grantor warrants that to the best of Grantor's knowledge and belief, there <br />is and has been no discharge or disposal by Grantor of any hazardous waste or <br />any other toxic substance on any real property which comprises a part of the Trust <br />estate; and that Grantor will not willingly cause any property which has been so <br />contaminated to be contributed to the Trust estate. <br />Any successor Trustee shall have the right to resign at any time that the <br />successor Trustee believes there is or may be a conflict between the Trustee in the <br />fiduciary capacity of the Trustee and the Trustee's individual capacity because of <br />potential claims or liabilities which might be asserted against any Trust created <br />hereunder because of the contamination of any of the assets comprising a part of <br />the Trust by any hazardous or toxic materials. No successor Trustee, nor any <br />officer or employee of any successor Trustee, shall be personally liable for any <br />claims made against any Trust created under this Trust Agreement arising from <br />the exercise of the Trustee's authority in relationship to the cleanup or other <br />response to contamination of any property comprising an asset of the Trust estate, <br />nor for the use of any trust property comprising a part of the Trust estate for any <br />activities directly involving the generation, use, treatment, storage, disposal, <br />release or discharge of any hazardous or toxic materials or substances; provided, <br />however, that neither the Trustee, nor any officers or employees of the Trustee, <br />shall be excused from any liability arising from the Trustee's or the Trustee's <br />officers' or employees' negligence or wrongful, or willful, acts relating to the use <br />of the Trust property for activities directly involving the generation, use, <br />treatment, storage, disposal, release or discharge of any hazardous or toxic <br />materials or substances from, on, or to any property comprising an asset of the <br />Trust estate. <br />9 <br />