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01/01/1"-7 nl:nb zn1j-1je2-1j3b5 JOE'S PLACE PAGE 05 (c) The Investigation Activities shall be performed in compliance with the Work Plan and all applicable laws, tales, regulations, ordinances, permits and guidelines and in a prompt manner. DHOOT shall assume the responsibility for notifying the governmental authorities for which it prepared the Work Plan of the discovery of Hazardous Materials, and for taking all corrective, remedial, or mitigative action. DHOOT shall pay any and all-costs of checking and inspection fees, boring permits, testing fees and any other errvlton mental fees, permits or other charges not specifically covered by the terms of this Agreement. All such work shall also be conducted in accordance with .good and safe business practices and so as to minimize interference with the use, enjoyment and conduct of business upon the Property. DHOOT shall not suffer or permit to be enforced against the Property any mechanic's, material men's, contractor's or subcontractors liens or any claim for damage arising from the Invetllgatipn Activities and shall pay any and all such liens before any action is brought to enforce such liens. Owner may, but shall not be obligated to, post a notice of non responsibility prior to DHOOT or its representatives beginning the Invsatigation Activities of Investigation Activities (d) DHOOT agrees to provide Owner, at no cost to Owner, with copies of all analytical data obtained from the Investigation Activities, as soon as that data is available to DHOOT or its representatives and copies of all reports, work plans, submissions and other documents submitted to governmental agencies for this phase of the investigation regarding groundwater and soil contamination associated with the Property and the Gas Station; Such reports, work plans, submissions and other documents submitted to governmental agencies shall be delivered as soon as possible, but in no event less than forty-eight hours after such reports have been delivered to the governmental agencies. DHOOT further agrees to allow Owner the right to tolled and test spilt or duplicate samples taken from the borings by DHOOT or its representatives, to the extent desired by Owner. If any photographs of the property are taken. DHOOT or its representatives shall provide duplicate photographs to the Owner. (e) All costs and expenses incurred or to be incurred in the performance of the Investigation Activities shall be the We responsibility of DHOOT and DHOOT hereby agrees to indemnify, protect, hold harmless and defend (with counsel RIGHT OF ENTRY AGREEMENT P 40F9