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AOC Site#:4912
<br /> Acquisition#: 5445
<br /> 3. Permits - Licensee, at no cost or expense to Licensor, shall be responsible for obtaining any and all
<br /> governmental permits and approvals which may be necessary for it to conduct any work or activities under this
<br /> Agreement. Licensor shall coordinate and cooperate with Licensee in Licensee's activities to obtain all
<br /> necessary government permits and permissions.
<br /> 4. Liens and Claims - Licensee will not permit any mechanics', materialmen's, or similar liens or claims
<br /> to stand against the Property for labor or material furnished in connection with any work performed by
<br /> Licensee under this Agreement. Upon reasonable and timely notice of any such lien or claim delivered to
<br /> Licensee by Licensor, Licensee may bond and contest the validity and the amount of such lien, but Licensee
<br /> will immediately pay any judgment rendered, will pay all proper costs and charges, and will have the lien or
<br /> claim released at its sole expense.
<br /> 5. Cooperation - Licensee agrees to coordinate its activities with Licensor and Tenant to minimize any
<br /> impairment of access by customers or business invitees of Licensor and Tenant to the Property and any
<br /> inconvenience to or disruption of Licensor's and Tenant's business on the Property and will provide 48 hours'
<br /> advance notice to Licensor and Tenant, in accordance with Paragraph 9 herein, of its intention to perform the
<br /> Work. Licensee will agree with the Licensor and Tenant on the actual location of the well or wells to be
<br /> drilled,providing that the location meets CRWQCB requirements for the Work.
<br /> 6. Indemnity - Licensee agrees that it shall defend, protect, indemnify and hold Licensor and Licensor's
<br /> agents, officers, directors, employees, contractor and Tenant harmless from and against any and all claims,
<br /> demands, actions, suits, judgments, losses, damages, costs or expenses incurred resulting in any third party
<br /> claims as a result of personal injury, property damage, civil penalties or fines of any kind or nature (including
<br /> reasonable attorneys' fees) to the extent proximately caused in whole or in part by any intentional conduct or
<br /> the negligent acts or omissions of Licensee or its authorized contractors and employees in conducting the
<br /> Work. However, this indemnity and hold harmless obligation shall not apply to any such claims, demands,
<br /> actions, suits,judgments, losses, damages, costs, or expenses to the extent caused by the negligence or willful
<br /> misconduct of Licensor. This indemnity shall survive the expiration or earlier termination of this Agreement
<br /> only as to claims arising out of events that occur during the term of the License. This indemnity is expressly
<br /> conditioned on the following:
<br /> (a) In the event Licensor shall identify any matter to which this indemnity may apply or receive a
<br /> notice or claim from any third party of such matter, it shall immediately, and in every case within thirty (30)
<br /> days of said notice or claim, notify Licensee in writing of such matter.
<br /> (b) Licensor and Tenant shall cooperate with Licensee by allowing Licensee, its agents,
<br /> representatives, contractors and consultants prompt and ready access to the Property for the purpose of
<br /> investigating any matter to which this indemnity may apply. Licensor shall provide Licensee with copies of all
<br /> investigative reports, data, or other information in any form which Licensor, its consultants or attorneys may
<br /> have pertaining to any such matter, upon request of Licensee.
<br /> 7. Insurance—Licensee may elect to self-insure all or any part of its insurance requirements to the extent
<br /> allowed by applicable law. Upon request, Licensee shall provide Licensor with a letter of self-insurance for
<br /> any insurance issues that may arise during the term of this Agreement.
<br /> 8. Severability - In case any one or more of the provisions contained in this Agreement shall be invalid,
<br /> illegal or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions
<br /> contained herein shall not in any way be affected or impaired thereby.
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