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2. Grant of Right of Entry. By this Agreement, Grantor agrees to allow SJRRC <br /> and its employees, agents, consultants, engineers, material suppliers, contractors, subcontractors <br /> and all other persons and entities performing any part of the Work(collectively, "Permittees") <br /> to enter the Property for the purpose of completing the Work. SJRRC will undertake and <br /> perform the Work in a diligent manner and will perform the Work in a manner so as to cause the <br /> least disturbance with Grantor's use of the Property. The date and time for the Work will occur <br /> based on agreements between the Grantor and Permittees. <br /> 3. Term. SJRRC shall complete the Work within the timeframes described in <br /> Recitals C and D, or within such longer period as may be mutually agreed upon by the Parties in <br /> writing. <br /> 4. Restoration of Property. SJRRC, at no cost to Grantor, shall repair any damage <br /> to and/or restore the Property to substantially its condition prior to the Work if and to the extent <br /> the need for such repair or restoration is caused by the Work authorized under this Agreement. <br /> 5. Compliance with Laws. SJRRC shall obtain and maintain all permits and <br /> approvals required for the Work and shall comply with all laws now in effect or that become <br /> effective during the term of this Agreement. <br /> 6. Indemnification. SJRRC hereby agrees that it shall indemnify, defend and save <br /> harmless Grantor, including but not limited to Grantor's officers, directors, employees, and <br /> agents (collectively, "Indemnitees") for any and all claims and losses arising out of(a) any <br /> breach of this License by SJRRC; (b) any negligent or wrongful acts or omissions of Permittees <br /> in connection with the Work; and(c)personal injury, bodily injury or property damage resulting <br /> from the negligence or willful misconduct of Permittees in connection with the Work <br /> (collectively, "Claims"). SJRRC's obligation to indemnify, defend, and save harmless <br /> Indemnitees shall apply regardless of any active and/or passive negligent act or omission of an <br /> Indemnitee, but SJRRC shall not be obligated to provide indemnity or defense for an Indemnitee <br /> to the extent any claims arise out of the sole negligence or willful misconduct of an Indemnitee. <br /> The indemnification obligations of SJRRC set forth in this Section shall survive any termination <br /> of this Agreement. <br /> 7. Assignment. SJRRC shall not assign or otherwise transfer any rights under this <br /> Agreement and any purported assignment or transfer shall automatically revoke the Agreement. <br /> 8. Notice. SJRRC shall provide notice to Grantor by telephone and by e-mail at <br /> least two (2)business days prior to each date that SJRRC intends to gain access to the Property. <br /> This and any other notices or communications of any kind related to this Agreement, shall be <br /> provided to the following: <br /> SJRRC: Stacey Mortensen <br /> San Joaquin Regional Rail Commission <br /> 949 E. Channel St. <br /> Stockton, CA 95202 <br /> Phone: 209-944-6221 <br /> Email: Stacey@acerail.com <br /> 2 <br /> OAK#4889-5824-1841 vl <br />