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0 <br /> 07/15/2010 11:41 2092291049 PAGE 03/03 <br /> including but not limited to 'dosure and seating' of any Monitoring wells in accord with all <br /> govemment requirements. <br /> 4. IndemacatIon. Parmittee shag defend, hod Imrnhleas, and indemnify each of the Owner,its <br /> agents,and its and their respective officers,directors,members,managers,and employees,and <br /> Owners tenants (conecflyely, Indemnitees)from and against all dams, sults, demands, losses. <br /> judgments, damages, and expenses (including reasonable attorney and constmants' fees and <br /> costs)incurred by the indemnitees or any of them by reason of(a)the actives of any Of the <br /> Pamhdtee Parties on or relative to the Property Including, without limitation, any Claim Of <br /> mechr"lien,stop notice,similar or related claims that may be fled or asserted in own6diOA <br /> with aP&wAtee's inspection activities on the Property,of(b)PenrWae's breach of eft Agreement <br /> S. Term This Agreement all"exppro upon the OomPletion of rhe environmental hrvestigation <br /> work as ordered by the County of San Joaquin or any state board, <br /> 8. General Pmvislone. <br /> 8.1 This Agreemard shall be interpreted and Construed in accordance with the laws <br /> Of the Stele of California. <br /> 82 ff alt her party to this Agreement msfilules any atrial Or proceeding in court or <br /> other dispute resolution mechanism against the other party,by reason of or alleging the failure of <br /> the other party to oemply wit any or all or as obilgatiom under this Agreement, whether for <br /> declaratory or other retler, then the party that prevails in such action or proceeding shat be <br /> entitled,in addlift to any other recovery or relief,to ks reasonable adomey fees and expenses <br /> related to such action or proceeding,whether at the admiclslMtive,trial,or appellate levels. <br /> IN WITNESS WHEREOF, Owner and Permittee have entered into this Agreemerd as of the date <br /> first above written. <br /> OWNER <br /> Date: B C PRODUCTS RENTAL PPRR�OOPPE.R-T-YY LLC <br /> 7� 1 to -W4. <br /> By: Andre Colhin,Its Man Inbar <br /> PEftMrME <br /> Date: AMI ADNNI&ASSOCIATES,INC. <br /> A Caefomia corporation <br /> . <br /> its President <br /> oolCeienuwaMr,wr-71N0 <br /> 2 <br />