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3.2. Changed Uses of Owner's Property <br /> In the event that Owner's or its tenant's use of Owners Property changes in a manner <br /> inconsistent with the location of one or more of the installed monitoring wells, then <br /> Munco shall close and abandon such wells in accordance with all applicable federal, <br /> state or local governmental requirements. Thereafter the parties shall work together in <br /> good faith to determine acceptable locations for replacement wells that will meet the <br /> Water Board's requirements, that will not interfere unduly with anticipated operations <br /> on Owner's Property, and that will minimize relocation costs for Munco as much as <br /> possible. Any such well removal and replacement of monitoring wells shall be done at <br /> Munco's sole cost and expense. <br /> 3.3. Removal and Restoration <br /> Munco shall remove any necessary material and equipment from Owner's Property <br /> promptly upon completion of the necessary work, and shall restore Owner's Property <br /> as nearly as reasonably practicable to its condition prior to the conduct of such work. <br /> 4. Compliance with Applicable Law <br /> Munco shall conduct all activities pursuant to this Agreement in accordance with all applicable <br /> federal, state and local laws, rules, regulations and orders. All sample materials collected from <br /> Owner's Property will be obtained, handled, transported, stored, tested and disposed of by <br /> Munco as required by such laws, rules, regulations and orders. <br /> 5. Indemnity <br /> 5.1. Presence and/or Activities on Owner's Property <br /> Munco agrees to indemnify and hold Owner harmless from loss by Owner, or by any of <br /> Owner's employees, agents, tenants, successors or assigns, as a result of any actual <br /> damage or injury to persons or property on or off Owners Property, arising directly <br /> from the presence and/or activities of Munco, its employees, agents, contractors or <br /> subcontractors, in connection with Owners Property. This indemnity shall not apply to <br /> the extent that any of such damages or injuries (1) result from acts or omissions of any <br /> other person; or (2) represent consequential, indirect, speculative or incidental <br /> damages, including without limitation lost profits or opportunity. <br /> 5.2. Nitrate Contamination <br /> If Owner is notified or becomes aware of liabilities, claims, causes of action, damages, <br /> or demands asserted against Owner by the Water Board, by another governmental <br /> regulatory agency, or by third parties, and attributable to nitrate contamination <br /> originating and emanating from the Site and impacting Owner's Property (collectively, <br /> -3of5- <br />