FIELD DOCUMENTS - Laserfiche WebLink

Home Browse Search

those activities which shall be undertaken by Nestle on the Property. Owner agrees that Nestle shall have a continuing right of entry upon the Property for the purpose of conducting the Remediation activities described in Section 3 above, including without limitation the taking of samples from any monitoring wells related to the Remediation and to continue to operate groundwater monitoring and sampling wells currently at the Property as depicted on Attachment 1 and such additional locations as may be required in order to comply with requirements of current or future Regional Water Quality Control Board orders or as Nestle may reasonably deem necessary or appropriate to conduct and complete its Remediation at the Property. Owner acknowledges that Nestle intends to, within the twelve (12) month period from the Effective Date, install new site investigation and remediation equipment ("New Equipment") on the Property. The New Equipment will be installed at a location on the Property within the general area shown on Attachment 1,to be selected and identified by Nestle within the four(4) month period from the Effective Date. In order to accommodate Nestle's installation of such new equipment, Owner agrees (1) during the period from the Effective Date until the date Nestle advises Owner of the precise location where it will install the New Equipment(not to exceed four (4) months from the Effective Date), not to construct, or permit the construction of, any building or other structure within the general area shown on Attachment 1, and(2)once Nestle has advised Owner of the precise location it will install the New Equipment, not to construct, or permit the construction of, any building or other structure on or near such specific location. With respect to any portions of the Property which may be leased by Owner to a third party tenant, Owner agrees to secure from such tenant(s) any approvals, grants or authorizations which may be necessary in order to ensure Nestle's continued rights to access the Property and conduct the Remediation activities as described herein. 5. Non-Interference. Only those individuals who are involved in the conduct of the Remediation and such equipment as is necessary to conduct the Remediation shall enter onto the Property and Nestle shall make reasonable efforts to avoid interfering in any way with activities being conducted on the Property by Owner. 6. Compliance with Laws. Nestle will conduct the Remediation and will dispose of any materials, including soil or water samples, used or generated as a result of said Remediation in compliance with all applicable Federal, state, and local laws and regulations. 7. Utilities and Subsurface Structures. Owner agrees to make Nestle aware of any unsafe conditions about which Owner has knowledge. Owner shall make available to Nestle information pertaining to the location of subsurface utilities and structures. Nestle shall not be responsible for any damage to underground structures or utilities to the extent such damage was caused by incomplete or inaccurate information provided to Nestle by Owner or another party. 8. Indemnification. Nestld shall be responsible for, and shall indemnify and hold Owner harmless from and against any and all claims, demands, losses, damages, penalties, and expenses, including reasonable attorneys' fees, directly caused by the