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t -c.DE:C,10-2007 04 :22 PM P_ 01 <br /> i <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 thereunder, said.surface or improvements shall be promptly restored by <br /> Licensee to its condition just prior to such disturbance. <br /> 3.4 .Licensee 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 toindemnify, defend, and save Licenser harmless from all liability, <br /> damage, expense, causes of action, suits, claims, or judgments, including <br /> reasonable attonieysCfees, resulting from injuries to persons or damage to property <br /> casa..tk .l'rc t3L.or..au Idjoi..niug streets and`sidewalks.--wbicl--axise_out.of-the act, <br /> failure to act, or negligence of Licensee, its agents, employees, invitees, or guests in . <br /> perfornung Work under this License Agreement. <br /> 3.6 This License Agreement may be terminated by either party upon thirty (30) days <br /> prior written notice. <br /> 3.7 Licensee shall use its best efforts 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 /> not 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 Neither 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.far 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: oyi o tV _ Title: W►J <br /> KaTimothy Kong Property\Correspondence\kung-olivarez access 110807.doc <br />