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BETWEEN <br /> AND <br /> SHELL OIL COMPANY <br /> PAGE 2 <br /> Shell agrees to notify Grantor at least 72 hours in advance of the date or dates that Shell, its <br /> contractors,subcontractors,employees or agents will be on the property. <br /> This license to enter shall continue in force until said Activities are completed to the satisfaction <br /> of Shell. Grantor said have the right to terminate this agreement upon thirty(30)days' written notice if <br /> the Activities unreasonably interfere with Grantor's business operations or those of its lessees and <br /> licensees. If this Agreement is terminated by Grantor, Shell shall have the right to reenter the property <br /> for the purpose of properly abandoning any remaining investigative or recovery wells in accordance with <br /> the requirements of the government agency with jurisdiction. Grantor shall have the option of properly <br /> abandoning the wells without Shell involvement,and if Grantor so elects, Shell shall pay the reasonable <br /> cost thereof. <br /> Shell agrees that such entry upon the Property shall be limited to the extent necessary for the <br /> performance of the Activities undertaken by Shell for the purposes expressed herein. Upon completion <br /> of each of the Activities upon the Property, Shell will cause any tools,equipment,or materials placed <br /> thereon to be removed and will exercise due diligence to restore the Property to its former condition. <br /> Shell agrees to coordinate the Activities so as not to unreasonably interfere with Grantor's continuing use <br /> of the Property. <br /> Shell agrees to provide Grantor with a copy of its site assessment reports when same are <br /> complete and a copy of communications from the regulatory agency with jurisdiction and Shell's replies <br /> to those requests from that agency. <br /> This Agreement is intended and shall be construed only as a temporary license to enter the <br /> Property and to conduct certain Activities upon the Property and not as a grant of easement or any other <br /> interest in the Property. <br /> Shell agrees to indemnify and defend Grantor from any and all claims for injury or damage <br /> arising out of or attributable to Shell's performance of the Activities upon the Property unless said claims <br /> are the result of the negligence of the Grantor,Grantor's agents or Grantor's licensees. Shell further <br /> agrees to indemnify Grantor for any state or regulatory action order or third party claim resulting from <br /> petroleum contamination discovered on or under the Property which is demonstrated to have been caused <br /> by Shell operations. <br /> The signatories hereto covenant and represent that each has the authority and legal capacity to <br /> enter this agreement on behalf of that respective party and that,if a corporation,all required approvals <br /> have been obtained prior to the execution hereof. <br />