SITE INFORMATION AND CORRESPONDENCE_FILE 3

Home Browse Search

i conduct of business on the Property, including, but not limited to, providing reasonable written notice prior to performance of any activity that may interrupt or interfere with construction or the conduct of business. Licensor agrees to cooperate with Licensee and execute documents such as permit applications that may reasonably be required to effectuate the purpose of this Agreement. Licensor further agrees not to unreasonably interfere with the Corrective Action conducted by Licensee on the Property. Licensee shall place any physical improvements required for the Corrective Action, such as monitoring wells and remediation equipment, in locations reasonably approved by the Licensor so as not to interfere with the development or use of the Property. Licensee or its agents shall execute manifests for off-site transportation of waste materials which shall promptly be removed from the Property. 5. Permits. Licensee, at no expense to Licensor, shall obtain any and all permits and approvals required for the performance of Corrective Action in compliance with Law. Licensor shall reasonably coordinate and cooperate with Licensee in Licensee's activities to obtain all necessary governmental permits and permissions regarding Corrective Action. 6. Periodic Reports and Correspondence. The Parties agree to provide each other with all periodic reports, documents and relevant correspondence which are submitted to or received from the Agency pertaining to the Corrective Action. 7. Site Restoration. Licensee agrees, upon completion of Corrective Action,to restore the Property to as near the approximate grade(backfilled and compacted with non-expansive soil) and condition as existed prior to said Corrective Action as is reasonably possible. Licensee shall remove all equipment and other items used for Corrective Action, including proper abandonment or removal of any and all monitoring and extraction wells and removal of remediation equipment in compliance with Law. All surface material and landscape shall be properly repaired or restored. 8. Indemnities. Licensee agrees to indemnify and hold harmless Licensor, 7-Eleven and any other tenant on the Property as well as their respective officers, directors, shareholders, partners, employees, affiliates, agents, insurers, and assigns(collectively "Licensor Indemnified Party") from and against: 8.1(a) all claims, suits, loss, cost, damages, liens, expenses and liabilities alleged by a third party or imposed upon a Licensor Indemnified Party arising out of Corrective Action; and 8.1(b) any fine, penalty, sanction, damage, charges, government orders and demands imposed for any violations of any law, ordinance, or regulation arising out of, or attributable to said Corrective Action; and 8.2 In no event will Licensee or its respective agents or contractors be responsible for any indirect, incidental or consequential damages including, but not limited to, business interruption at the Property and diminution of the Property's value sustained by Licensor or Thrifty Oil Co.