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SENT BY:EMCON ASSOCIATES 6-19-95 4:59M ; EMCON SACRANEWO' 12094640138;# 3i 4 <br /> 3-3 If the surface of the Property or any uttpmvemm s thereon shall be distiatxii by the <br /> atplammmu of lacemm s Borehoies ar Wells, then, upon completion of Work thereunder, <br /> said surface or improverrxxlts shall be promptly restored by Lk=w to its condition just prior <br /> to such disun bane- <br /> 3.4 To the extent that the Work has not been 6ompleted wdhin two years of the date hereof and in <br /> the event that Licensor has decided two yeas or more after the date txamf to change or <br /> develop the use of, or sell lease or otherwise ttarnsftx the Property, then Licensee shall, on the <br /> haSis of a Written, otic-titres oiity iequ=from Licensor,change the location.dimensions or any <br /> other characteristic of any well or equipnvm installed on the Propem• to facnaitate such <br /> development change. sale, lease or tcutafw. with rhe cost of such change to be paid by <br /> Licensee: and provided, Ruttier. that this WrLLUn, one-time nrty request shall include the <br /> following:(1)the description,number and present location(s)of eadh of the wells or equhprxeytt <br /> to be changod; (2) the exact nature of the change(s) requested — location, dimensions, <br /> characteristics of otherwise: (3) a description of the development, change, saim lease or <br /> transfer of the. Property; and (4) a written approval from San Joaquin County Public Heakh <br /> Setviws (SJCPHS) or any other governmental agency with jurisdiction over the site of the <br /> pw oposed chmT*s)- Any additional request ftom Licensor for L-=n=to change the location, <br /> dimensiOm or characteristics of any well or equiptrcnt, either Within 24 months of the date <br /> hereof or after Licmnscc has aheady satisfied Lkxnsors' request to change described herein, <br /> Ad be at the sok: costs and expense of Licensor and shall atm be approved in writing by <br /> SJC3MS or any other gO um niln l agency WMjurisdiction over the saes <br /> ip,Rs: <br /> 3.5 Licensee shall,after the Barehoks or Wens are no longer useful to <br /> rhe investigation,hatdCdd or <br /> close out such Borchoks or Wells ww ding to applicable standards. <br /> 3.6 Licensee agrem to mdea r*, defend, and save 1.i m-mr hannim from all liability, damage, <br /> ercpemw- causes of action, suits. claim or judgements, including,reasonable artomeys foes, <br /> resulting from injuries to rsotis or dame to on the <br /> Pe ger. property Property or on adjoining sheets - <br /> anti sidewalks which arise out of the act fatlllre to act or negligence of Licensee its agtats <br /> employees invitees or guests m pmiotttting Work ruder this Licerhats Ageeethr= <br /> 3.7 71tis LA=Lw Agmc[mm may be Wminatul by either party upon dtittq(301 dtt)a'/prior w�ritom <br /> Oo ime. _ <br /> ^� a :. - <br /> 3-8 1kensee shad use its best efforts to locate the Botdnaks or Wella m a r1,12mi 'so as eon to' <br /> unt=anabty interface with Liaensoes use and Occupation of the Property. <br /> .3 By executing this Agtee"T"t, or conducting any Work thereunder. LJcensee does not waive <br /> any rights it may have against any other person or enmity in cometxion with any cons nimtion <br /> such as may actually or allegedly exist at or it the vicinity of the Property. <br /> Dw('R77-0BOSArOSISZQ1eM�94/pu:l 2 RM 0.Nw cWw 16,n196 <br />