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Allowable Investigation , or in any way attributable to Darpetro ' s <br /> exercise of its rights pursuant to this Agreement . Darpetro <br /> agrees to indemnify , defend and hold Pep Boys and the Premises <br /> harmless from any such liens and / or claims of liens , and shall <br /> provide at its sole cost such bonds which under the laws of the <br /> State of California release the Premises from the encumbrance of <br /> any lien filed . <br /> 5 . Darpetro shall locate the Well and the Borings in a manner <br /> so as not to interfere with the use and occupancy by Pep Boys of <br /> the Premises , and shall take all steps necessary to avoid all <br /> inconvenience to the normal business operations of Pep Boys . If <br /> the surface of the Premises or any improvements thereon are <br /> disturbed by the installation of the Well or the Borings , then , <br /> upon completion of the activity ( within the Allowable <br /> Investigation ) which caused such disturbance said surface or <br /> improvements shall be promptly restored by Darpetro , at its sole <br /> cost , to the condition which existed just prior to such <br /> disturbance . If Pep Boys changes any uses or re - locates any <br /> improvements on the Premises during the term of this Agreement <br /> Darpetro at its own cost and expense shall relocate all equipment <br /> used in the Allowable Investigation , including the Well , so as to <br /> avoid interference with such changes . <br /> 6 . Darpetro shall collect in drums or comparable containers all <br /> soil , water and other substances obtained from the Borings and <br /> the drilling of the Well and the periodic sampling in connection <br /> therewith . Subject to paragraph 5 above , Darpetro shall have the <br /> right to store such drums or containers on the Premises within <br /> the Test Location for a maximum of twenty four ( 24 ) hours . <br /> Darpetro shall dispose of all materials obtained in the <br /> performance of the Allowable Investigation at its sole cost and <br /> expense , including such taxes or fees as may be levied thereon , <br /> and shall be listed as " generator " on any disposal manifests <br /> prepared in connection with such disposal . <br /> 7 . When the investigation of the Well is no longer required by <br /> the Agency , then at the earliest time permitted by the Agency <br /> Darpetro shall backfill , abandon and / or close the Well , at its <br /> sole cost and expense , according to applicable standards and law . <br /> Darpetro shall install the Borings at or prior to the time of <br /> installation of the Well , and shall abandon and / or close the <br /> Borings , at its sole cost and expense , within twenty four ( 24 ) <br /> hours of the installation thereof and according to applicable <br /> standards and law . <br /> 8 . Darpetro agrees to indemnify , defend , and save Pep Boys , its <br /> directors , shareholders , officers , employees , affiliated <br /> companies , and agents , along with its transferees , lenders , <br /> successors and assigns , harmless from all liability , damage , <br /> loss , cost , expense , cause of action , suits , claims , or <br /> Judgments , including reasonable attorneys fees , resulting from <br /> 4 : \ Pjw\ 26000 \ 26209001 . 82 - 3 - <br /> i <br />