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RUG.10.1999 4:48PN J OUIPMENT CO INC N0.268 P.4i5 <br /> 3. LICENSE, JM, its agents, employees, consultants, and appropriate <br /> governmental officials, shall have a license to enter onto the property of <br /> INDEPENDENT at all reasonable times during business hours for the purpose of <br /> maintaining, monitoring, and ultimately abandonment of the Wells designated <br /> herein. This license shall terminate upon closure of JM's site and proper <br /> abandonment of the Wells as set forth herein. <br /> 4. ABA ONMENT OF WELLS. At the time JM receives closure for its <br /> site, JM will be responsible for taking all actions and paying all costs necessary to <br /> the proper abandonment of the Wells in compliance with applicable laws, <br /> 5. MISCELLANEOUS PROVISIONS, <br /> A. ttorne 's Fees, Should legal action arising from this <br /> agreement be coma aced between the parties, the prevailing party shall be <br /> entitled, in addition to all other appropriate relief, reasonable attorney's fees as <br /> awarded by the Co t. <br /> B, Counterparts, This agreement may be executed in one or more <br /> counterparts, allof hich shall be considered one and the same agreement, and <br /> shall become a binding agreement when one or more counterparts have been signed <br /> by each of the parties and delivered to the other parties. <br /> C. in ular Plural. Gender, In this agreement, where applicable, <br /> references to the sin ar shall include the plural and references to the plural shall <br /> include the singular in addition, where applicable, all references to the masculine <br /> gender shall include the feminine gender. <br /> D. Headings. The headings in this agreement are included for <br /> convenience of reference only, and shall not affect the construction or interpretation <br /> of any of its provisions. <br /> E. A dditional Instruments. The parties agree to execute and <br /> deliver any other do uments or instruments not specifically referred to herein, <br /> which are necessary or reasonably required by a party to carry out the intents and <br /> purposes of this agre ement. <br /> F. S ucceRsors and Assiggp. This agreement shall be binding upon <br /> and inure to the benefit of the heirs, successors and assigns of the parties hereto. <br /> i E A' S E N <br /> J E N S E N <br /> '2. ATTORNEYS <br /> 1514 STREET MODRSTO, CAld80RN1A 95554 TnsrmONE 209-529-0791 <br />