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said surface or improvements shall be promptly restored by Licensee to its condition just <br /> prior to such disturbance. <br /> 3 .4 Licensee shall, after the Boreholes are no longer useful to the investigation, backfill or <br /> 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 reasonable <br /> attorneys fees, resulting from injuries to persons or damage to property on the Property or <br /> on adjoining streets and sidewalks which arise out of the act, failure to act, or negligence of <br /> Licensee, its agents, employees, invitees, or guests in performing Work under this License <br /> Agreement. <br /> 3 .6 This License Agreement may be terminated by either party upon thirty (30) days prior <br /> written notice. <br /> 3 .7 Licensee shall use its best efforts to locate the Borehole in a manner so as not to <br /> 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 not waive <br /> any rights it may have against any other person or entity in connection with any <br /> contamination such as may actually or allegedly exist at or i„ the vicinity of the Property. <br /> 3 .9 Neither this Agreement nor any Work thereunder shall constitute or be interpreted or <br /> construed as an admission by Licensee of liability or fault under any federal, state, or local <br /> law, or for any purpose whatsoever. <br /> IN WITNESS WHEREOF, the parties hereto are authorized to and have executed this License <br /> Agreement as of the day and year first above written. <br /> Beasley & Associates, L.P. Richard Henderson <br /> By , r� <br /> Title: &S. 1,er Title: <br /> I <br />