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D <br /> 3.3 If the surface of the Property or any improvements thereon shall be disturbed by the <br /> emplacement of Licensee's Borehole or Well, then, upon completion of Work thereunder, said <br /> surface or improvements shall be promptly restored by Licensee to its condition just prior to such <br /> disturbance. <br /> 3.4 Licensee shall, after the Borehole or Well are no longer useful to the investigation, backfill or <br /> close out such Borehole or Well according to applicable standards. <br /> 3.5 Licensee shall, after the Borehole or Well is no longer useful to the investigation, backfill or close <br /> out such Borehole or Well according to applicable standards. <br /> 3.6 Licensee agrees to indemnify, defend, and save Licensor harmless from all liability, damage, <br /> expense, causes of action, suits, claims, or judgments, including reasonable attorney's fees, <br /> resulting from injuries to persons or damage to property on the Property or on adjoining streets <br /> and sidewalks which arise out of the act, failure to act, or negligence of Licensee, its agents, <br /> employees, invitees, or guests in performing Work under this License Agreement. <br /> 3.7 This License Agreement may be terminated by either party upon thirty (30) days' prior written <br /> notice. <br /> 3.8 Licensee shall use its best efforts to locate the Borehole or Well in a manner so as not to <br /> unreasonably interfere with Licensor's use and occupation of the Property. <br /> 3.9 By executing this Agreement, or conducting any Work thereunder, Licensee does not waive any <br /> rights it may have against any other person or entity in connection with any contamination such <br /> as may actually or allegedly exist at or in the vicinity of the Property. <br /> 3.10 Neither this Agreement nor any Work thereunder shall constitute or be interpreted or construed <br /> as an admission by Licensee of liability or fault under any federal, state or local law, or for any <br /> purpose whatsoever. <br /> IN WITNESS WHEREOF, the parties hereto are authorized to and have executed this License <br /> Agreement as of the day and year first above written. <br /> ARCO PRODUCTS COMPANY Ms. Rosemary Martinez <br /> T1t1e: L?yVlRcuV. G-7VG�,u Title:/ <br /> SAGPJUMOSW 8051420.2AM-94/PAS:1 <br />