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B. The Right granted herein may be exercised from time to time and for so long as reasonably necessary or required in Grantee's discretion, but subject to limitations in the Contract, to accomplish the tests and remediation herein described. C. The Right granted herein shall be exercised by Grantee with due regard to the limitations in the Contract and Grantor's use of the Property and without any unreasonable disruption of such use. 4. Liability for any and all costs, expenses, fees and/or any other expenditures necessitated by the Work shall be borne solely by Grantee, who shall indemnify, defend and hold Grantor harmless therefrom; provided, however, that the obligations described in this Section 4 shall not apply to any New Contamination, as that term is defined in the Contract. Grantee shall at all times keep the Grantor Site free and clear of all liens and encumbrances relating to the Work. Grantee shall provide, at its sole expense, any security necessary for the protection of the Work. 5. The Work shall be performed at all times in compliance with all applicable laws, regulations and orders of the Agency. Grantee shall dispose of soil and groundwater removed during the performance of the Work in accordance with such laws, regulations and orders. 6. Grantee shall indemnify, defend and hold harmless Grantor, its agents, employees, officers and directors from and against any and all Damages connected with: (a) Grantee's exercise of the Right granted herein; (b) any personal injury or property damage occurring on or about the Grantor Site resulting from performance of the Work, or (c) any negligent or intentional act or omission of the Grantee, its agents, employees, or representatives in the performance of this Agreement. This indemnity shall not apply to Damages arising from disruption of Buyer's operations at the Property, unless such disruption results from Seller's gross negligence or intentional misconduct. 7. Upon the expiration of this Agreement, Grantee shall remove or close in place its remediation equipment located at the Property and repair and replace with equivalent materials, any portion of the Property affected thereby to its present condition, in compliance with industry standards and Agency Standards. 8. Grantee (or its environmental consultant), at its sole expense, shall procure and maintain throughout the term of this Agreement commercial general public liability insurance with combined single limit coverage of$1,000,000. Upon request, Grantee shall furnish Grantor with a certificate of such coverage prior to any entry upon Grantor's Site. 9. This Agreement shall remain in force until Grantee provides written notice of termination. After the termination of this Agreement and upon written request from Grantor, Grantee shall deliver a Termination of Access Agreement in recordable form to Grantor. 0507 SAN JOAQUIN (SJ), CA Document:AGR 2007.190542 Page:2 of 8 n..:..,a,...l ,... 4n1441nnnn AA.nC.nn nnn