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313 If the surface of the Property or any improvements thereon shall be disturbed by the <br /> emplacement of Licensee's Boreholes or Wells, then, upon completion of Work <br /> thereunder, said surface or improvements shall be promptly restored by Licensee to <br /> its condition just prior to such disturbance. <br /> 3 .4 Licensee shall, after the Boreholes are no longer useful to the investigation, backfill <br /> or close out such Boreholes according to applicable standards. <br /> 3 . 5 Licensee agrees to indemnify, defend, and save Licenser harmless from all liability, <br /> damage, expense, causes of action, suits, claims, or judgments, including <br /> reasonable attorneys fees, resulting from injuries to persons or damage to property <br /> on the Property or on adjoining streets and sidewalks which arise out of the act, <br /> failure to act; or negligence of Licensee, its agents, employees, invitees, or guests m <br /> performing Work under this License Agreement. <br /> 3 . 6 This License Agreement may be terminated by either party upon thirty (30) days <br /> prior written notice. <br /> 3. 7 Licensee shall use its best efforts to locate the Boreholes/Wells in a manner so as <br /> not to unreasonably interfere with Licenser' s use and occupation of the Property. <br /> 3 . 8 By executing this Agreement, or conducting any Work thereunder, Licensee does <br /> not waive any rights it may have against any other person or entity in connection <br /> with any contamination such as may actually or allegedly exist at or in the vicinity <br /> of the Property. <br /> 3 .9 Neither this Agreement nor any Work thereunder shall constitute or be interpreted <br /> or construed as an admission by Licensee of liability or fault under any federal, <br /> state, or local law, or for any purpose whatsoever. <br /> IN WITNESS WHEREOF, the parties hereto are authorized to and have executed this <br /> License Agreement as of the day and year first above written. <br /> Beasley and Associates, L.P . Fremont Plaza Investments, L.P . <br /> Lawrence Beasley <br /> l By: <br /> Title: O Es b�6�- 9,ry. PW-r- Title: ( gmt,'2K ✓LL L{ t <br /> P:Apache Plastics\Correspondence\Freemont-Plaza-access.doc <br />