FIELD DOCUMENTS_FILE 1 - Laserfiche WebLink

Home Browse Search

S. Restoration of Site. DHOOT will promptly backfill the borings in accordance with the Work Plan and all applicable laws, rules, regulations, ordinances, permits and guidelines, and remove any and all equipment or materials placed on the Property pursuant to this Agreement, unless otherwise agreed to by the parties in writing. DHOOT shall not have the right to store any such equipment or materials on the Property. Furthermore, DHOOT shall immediately repair any damage to the Property due to the action taken pursuant to this Agreement and restore the Property to the same condition it was found prior to the commencement of the Investigation Activities. The provisions of this paragraph 5 shall survive expiration or any termination of this Agreement. 6. Termination. This Agreement shall terminate by its terms three (3) months from the date first written above, unless renewed in writing by the parties. Owner may terminate this Agreement by written notice to DHOOT at any time, with or without cause. 7. Insurance. DHOOT or its designees shall maintain during the term of this Agreement liability insurance coverage with limits of $2,000,000 for commercial general liability, coverage (the "policy") or current limits carried, whichever is greater. (Copy of the Certificate of Liability Insurance is attached as Exhibit "C") Such insurance shall name Owner as additional insured as its interest may appear and shall include a waiver of subrogation in favor of Owner. The policy shall be primary and non-contributing with any other policies carried by DHOOT or Owner. The policy will not be canceled or materially changed without thirty (30) days' prior written notice to Owner. 8. Attorneys' fees. In the event any party hereto brings an action or proceeding for a declaration of the rights of the parties under this Agreement, for injunctive relief, or for an alleged breach or default of, or any other action arising out of, this Agreement or the transactions contemplated hereby, the prevailing party in any such action shall be entitled to an award of actual attorneys' fees and costs incurred in such action or proceeding, without regard to any rule of court or schedule of such fees maintained by the court, in addition to any other damages or relief awarded, regardless of whether such action proceeds to final judgment. 9. Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, telegraphed, delivered or sent by telex, facsimile or cable and RIGHT OF ENTRY AGREEMENT P. 6 OF 9