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and limited to work necessary to conduct and complete the Property Inspections. OWNER and TENANT require that they be adequately protected from liability for any the Property Inspections, including without limitation Phase II entry and related activities by RTD agents and personnel. NOW THEREFORE, inconsideration of the foregoing, the parties agree as follows: 1. Property Inspections. OWNER and TENANT agree that RTD may enter the Subject Property during the Feasibility Period (as defined in the PSA) to conduct Property Inspections described in the Scope of Work attached hereto as Exhibit 3 [RTD to provide Scope of Work with description of areas of concern and reason for the requested sampling, a map locating the soil or groundwater sampling locations with a description of the boring and casing methods to be used, the proposed depths, the media to be collected, and the sampling methods and procedures for all activities conducted on the site] (hereinafter referred to collectively as the ACTIVITIES), including and subject to the following: a. Pre -drilling Site inspection: mark the boring locations at the site consistent with the diagram included in the Scope of Work_ b_ Utility Clearance: Coordinate with PG&E and any other affected utility providers to clear utilities in any area where drilling activities could result in contact with subsurface equipment (such as foundations, electric lines, conduits and pipelines) or overhead utilities, and conduct such additional investigation and review as is required to avoid damage to facilities and equipment, including below ground equipment and improvements. C. Drilling: Up to two days of drilling, involving a drill rig and field staff taking samples as described in the Scope of Work. The locations, number, size and depth of the borings must be no greater than described in the Scope of Work. RTD shall be responsible for obtaining any required permits in its own name and/or for giving notices and providing reports of its Activities to any governmental entity in its own name, if any are required to conduct Activities on the Subject Property. d. Investigation Derived Waste: All materials excavated from borings installed in the Phase 11 work (including if applicable, soil, water, sample residues and debris) shall be properly disposed offsite by RTD at its own expense in compliance with all applicable laws and regulations. To the extent applicable, RTD shall be identified as the generator of such waste materials in any invoice, manifest, report or other documentation prepared in connection with the work authorized hereunder. e. Restoration: The Subject Property shall be restored by RTD to substantially the same condition as existed immediately prior to the installation of borings by RTD in connection with the Phase 11 work. Any borings or wells installed by RTD shall be plugged and abandoned by complete grouting of the borings or wells with waterproof material (bentonite or concrete) for the entire length of the boring or well, except if the boring penetrates concrete or pavement, in which case the upper twelve (12) inches of the boring or well shall be structurally equivalent to and shall match, to the extent feasible, the {00198228.} [HCS 5104841 DRAFT 4-20-23 19