Looking at the text in the Aerad supplement that reproduces this diagram, it states:
"It must be emphasised that not all aircraft can achieve this gradient with an engine out, at a maximum certified gross weight. This 2.5% gradient is assumed to extend up to a point at which the aircraft can fly level for 6nms to accelerate and clean up."
So in essence, the answer would be that you could hit something.
I looked at a couple of example charts also from Aerad, which has a MISAP towards a big hill. These give tracks to clear the terrain but do not provide % climb gradient required for the MISAP. Therefore it would fall into the 'operator responsibility' per EU Ops.
Trying to find the definition of what calculations are done for max landing weight by our performance service provider. I suspect that it is weight limit for factored LDA, and also the landing climb, but right now I cannot recall if landing climb is done OEI or not. I suspect not, as it'll be weight to achieve the required % per the certification requirements.
Does your FMS provide the climb % gradient available at your landing weight? That gives you a warm feeling of what the aircraft will do with OEI.