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acceptable to Owner) Owner, its partners (general or limited), members, officers, <br /> directors, shareholders, agents, representatives, employees and tenants, if any, on <br /> the Property (collectively, "indemnitees") from and against any and all such costs <br /> and expenses. <br /> (f) DHOOT agrees to promptly remove and dispose of any soil, debris and/or <br /> purge water resulting from Investigation Activities in compliance with all applicable <br /> laws, rules, regulations, ordinances, permits and guidelines. Disposal of such soil, <br /> debris and/or purge water shall be DHOOT's sole responsibility at its sole cost and <br /> expense, and any manifests for such material shall list DHOOT as the generator. <br /> (g) DHOOT shall arrange, at its sole cost and expense, for a geologist or <br /> engineer who is under the direct supervision of a registered geologist to be present <br /> at the Property during the Investigation Activities. DHOOT and its representatives <br /> will use reasonable efforts to keep the work area clean during drilling activities. <br /> The provisions of subsections 2(c), (e) and (f) above shall survive any termination of this <br /> Agreement. <br /> 3. Indemnification. DHOOT shall indemnify, protect, defend (with counsel acceptable to <br /> Owner) and hold the Owner and indemnitees harmless from and against any and all obligations, <br /> damages, losses, liens, costs, expenses, investigation costs, penalties, liabilities, claims, <br /> demands, actions, causes of action or claims ("claims") (including attorneys fees and costs <br /> incurred in connection with any of the foregoing) as well as without limitation claims for injury or <br /> death of any person or damage to any property, natural resources or the environment resulting <br /> from a breach by DHOOT of its obligation under this agreement or from the Investigation <br /> Activities or from any other activities of DHOOT or its representatives which occur on the <br /> property. Such indemnification of the Owner shall exclude liability which is the direct result of <br /> negligence or intentional misconduct of Owner. This indemnity shall survive the expiration or <br /> termination of this agreement. <br /> 4. Assignment. This Agreement is not assignable by DHOOT, except that Owner <br /> acknowledges that DHOOT has designated Santochi & Bravante Co., LLC dba: Avalon <br /> Environmental Consultants to perform the Investigation Activities referred to above. <br /> RIGHT OF ENTRY AGREEMENT P. 5 OF 9 <br />