SITE INFORMATION AND CORRESPONDENCE_FILE 1

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-UEC, 12. 1997 12 : 274 PACIFIC OVERSIGHT NO, 9360 F. 7 a 6 . Use Occu ation and En'o went of Park Woods Center In exercising their rights granted by this Access Agreement, Grantee and Grantee's Agents shall not interfere with Grantor's use, occupation or enjoyment of the Property, except to the extent reasonably necessary to perform the Permitted Activities. 7, Performance of Permitted Activities Grantee and Grantee's Agents shall take all reasonable and necessary safety and security precautions and maintain a neat and orderly workplace in connection with the performance of the Permitted Activities under this Agreement. Grantee shall not permit any damage to the Properly as a result of the performance of the Permitted Activities, except as may otherwise be required to perforin the Permitted Activities (such as, by way of example, breaking through pavement to perform soil-gas studies, drill soil borings and install groundwater monitoring wells). Grantee shall repair and restore to original condition as soon as is reasonably practicable any damage caused to the Property resulting from the performance of the Permitted Activities by Grantee or Grantee's Agents. The installation of Boreholes and Monitoring Wells together with periodic sampling and water level measurement events shall take place after and before normal retail business hours (7PM - 9AM) at the Property, or as otherwise se forth in Grantor's written access approval, as set forth in Paragraph 3. 8 . Comm ncement Duration and Termination This Access Agreement shall become valid and enforceable upon signing by Grantor and Grantee, and shall extend for a term not to exceed five (5) years or until the time that either the SJC PHS-EHD or other applicable governmental entities or agencies, having jurisdiction, have authorized permanent closure or removal of the investigative facilities installed as part of the Permitted Activities on die Property, whichever is earlier. Grantee shall give written notice to Grantor within ten (10) days after the SJB PHS-ElID or other governmental entities or agencies have authorized permanent closure or removal of the investigative facilities installed as part of the Permitted Activities on the Property- If the Investigative facilities are removed , Grantee shall promptly restore the portions of the Property affected by the installation of such facilities to substantially the same condition as that which existed prior to the installation of such facilities . g , Insurance Grantee's subcontractor EMCQN (and any replacement agent or contractor of ARCD) is required to and shall maintain the following insurance coverage and amounts in connection with the performance of the Permitted Activities : Workers Compensation (Statutory limits) , Employer' s Liability ($ 1 , 000 ,000'; Comprehensive Page 3 of 7