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JUN 07 '90 13:44 HHRGI0 LA JOLLR • <br /> AGREEMENT <br /> TJ <br /> AGREEMENT <br /> made and entered into this day of <br /> 1986 by and between The Marley CoolinTower <br /> y 1� <br /> Company, a el <br /> awe Corporation (hereinafter "Marley" ) and <br /> Panella Truckin <br /> C. ) . <br /> _ q (hereinafter Panella <br /> WHEREAS, Marley owns property adjacent to Panella ; and AVN ( <br /> WHEREAS , in order to evaluate the quality of the groundwater '010 <br /> in the vicinity of Marley' s property, Marley desires to drill a <br /> well on Panella ' s property; (see plan attached) . <br /> NOW THEREFORE, in consideration of the premises contained herein, <br /> the parties hereto agree as follows : <br /> 1. Panella hereby grants to Marley the right to enter <br /> upon coor inat on wit t Fesite administrator, its property, specif- <br /> ically desginated on Exhibit A attached hereto and made a part hereof, <br /> for the purpose of drilling a well to monitor the water quality and the <br /> monitoring of such quality. Panellashall ensure that during <br /> the term of this Agreement Marley as a 1 necessary ingress and egress <br /> at all times in order to drill and maintain said well and to monitor <br /> and test the water quality. <br /> 2 . The sampling activities authorized herein will continue for <br /> an indefinite time in the future and, therefore , the term of this <br /> Agreement shall be for one (1) year from the date of the making hereof <br /> and shall be renewable for successive one (1) year periods upon the <br /> written consent of both parties hereto. <br /> 3 . Marley agrees to maintain the well and the surrounding area <br /> in a safe manner and to remove any debris which may result from said <br /> drilling and monitoring. <br /> 4 . Marley shall indemnify and hold harmless Panella <br /> from and against all claims , damages , losses , and expenses , including <br /> attorney ' s fees arising out of or resulting from the drilling or <br /> monitoring contemplated by this Agreement, provided such claims , damage , <br /> loss or expense is attributed to bodily injury, sickness or death, or <br /> to injury to or destruction of the real property. <br /> 5 . Upon termination of this Agreement, Marley shall , with the <br /> exception of any ground markers which may be placed on the property to <br /> delineate the sampling area, restore the well site as nearly as possible <br /> to the same condition at the time of the commencement of this Agreement. <br /> IN WITNESS WHEREOF, the parties hereto have executed this <br /> Agreement as of the day and year first above written . <br /> The Marle C ng Tower Company Panell ncorporated <br /> H B <br /> Plant Manager <br />