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DEC-10-2007 04 :22 PM rt P_ 01 l <br /> � r - <br /> 4s l <br /> 3.3 If the surface of the Property or any improvements thereon shall be disturbed by the <br /> emplacement of.Licensee's Boreholes, Wells, or Piping, then, upon completion of <br /> Work thereuniier, said surface or improvements shall. be promptly restored by <br /> Licensee to its condition just prior to such disturbance.. <br /> 3.4 T,icensee shall, after the Boreholes and Wells are .no longer useful to the <br /> investigation, backfill or close out such Boreholes and Wells according to <br /> applicable standards.. <br /> 3.5 Licensee agrees to indemnify, defend, and save Licenser harmless from all liability, <br /> damage, expense, causes of action, suits, claims, or judgments, including <br /> reasonable attorneys resulting resulting from injuries to persons or damage to property <br /> cu; the-Propexty.-eir..au adjoi..ning streets. and s dew:alks.-whiCb__, se-out..of-the act, <br /> failure to act, or negligence of Licensee, its agents, employees, invitees, or guests in <br /> performing Work under this License Agreement. <br /> 6 rri.:� r A eemP„+ may be terminated by either party .upon thirty (30) days <br /> I ,J.t7 1 tiro l..ii.vuSv v...• - <br /> I prior written notice. <br /> 3.7 Licensee shall use its best effoi-ts to locate the Boreholes, Wells, and Piping in a <br /> manner so as not to unreasonably interfere with Licenser's use and occupation of <br /> the Property. <br /> 3.8 By executing this Agreement, or conducting any Work thereunder, Licensee does <br /> jiot waive any rights it may have against any other person or entity in connection <br /> with any contamination such as may.actually or allegedly exist at or in the vicinity <br /> of the Property. <br /> 3.9 .'..Neilher'this Agreement nor any Work thereunder shall constitute or be interpreted <br /> or construed as an admission by Licensee of liability or fault -under any federal, <br /> state, or local law, or.for any purpose whatsoever. <br /> IN WITNESS WHEREOF, the parties hereto are authorized to and have executed this <br /> License Agreement as of the day and year first above written. <br /> Timothy Kong 'Michael Olivarez <br /> BY: - By: <br /> Title: ovi o°oV Title: W 0 <br /> KATimntny Kong Properry\CoiTcspandcnce\kung-olivarez aoccF i 110807.doe <br />