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v 3.3 If the surface of the Property or any improvements thereon shall be disturbed by the emplacement of Licensee's Borehole or Well, then, upon completion of Work thereunder, said surface or improvements shall be promptly restored by Licensee to its condition just prior to such disturbance. 3.4 Licensee shall, after the Well is no longer useful to the investigation, backfill or close out such Well according to applicable standards. 3.5 Licensee agrees to indemnify, defend, and save Licenser harmless from all liability, damage, expense, causes of action, suits, claims, or judgments, including reasonable attorneys fees, resulting from injuries to persons or damage to property on the Property or on adjoining streets and sidewalks which arise out of the act, failure to act, or negligence of Licensee, its agents, employees, invitees, or guests in performing Work under this License Agreement. 3.6 This License Agreement may be terminated by either party upon thirty (30) days prior written notice. 3.7 Licensee shall use its best efforts to locate the Borehole/Well in a manner so as not to unreasonably interfere with Licenser's use and occupation of the Property. 3.8 By executing this Agreement, or conducting any Work thereunder, Licensee does not waive any rights it may have against any other person or entity in connection with any contamination such as may actually or allegedly exist at or in the vicinity of the Property. 3.9 Neither this Agreement nor any Work thereunder shall constitute or be interpreted or construed as an admission by Licensee of liability or fault under any federal, state, or local law, or for any purpose whatsoever. IN WITNESS WHEREOF, the parties hereto are authorized to and have executed this License Agreement as of the day and year first above written. Wes Parkinson Beck Development Corporation, Inc. B � � - B u l� '2,�rL- Title: Title: �i ti' �'' � �`` KAParkinsons Hamner 1-5 Arco\Correspondence\parkinson-beck access 062106.doc