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SENT BY:IRELL & MANELLA -13-91 14:43 IRELL & MANEL -+ 2094653071 ;# 3 <br /> Agencies referred to in paragraph C above. At Kearney's request, <br /> Landowner grants to Kearney a license, subject to the terms and <br /> conditions herein stated, which license gives Kearney the right <br /> to: (a) enter upon the Property for the purpose of installing the <br /> Well in the location indicated on the map attached as Exhibit C <br /> hereto; (b) access the Well as is necessary to maintain the Well <br /> and sample the groundwater; and (c) remove the Wall or destroy <br /> the Well in place and restore the Property. The foregoing grant <br /> is not a grant of exclusive use or possession of any portion of <br /> the Property and is subject to all outstanding rights with <br /> respect to the Property and the right of Landowner to renew and <br /> extend the same and to grant the same or additional rights to <br /> other persons with respect to the Property. <br /> 2 . Scone of Permitted Use. Kearney shall drill and <br /> install the Well as a Below-Ground Completion, as shown on <br /> Exhibit n hereto, in accordance with good and safe construction <br /> practices. In drilling, operating, maintaining and removing the <br /> Well, or destroying the Well in place, and in all other use and <br /> occupation of the Property, Kearney shall comply with all present <br /> and future laws, ordinances, orders, rules, regulations and <br /> requirements of all federal, state, local and municipal <br /> governments, courts, departmente, agencies, commissions, boards, <br /> and officers, any national or local Board of fire Underwriters, <br /> or any other body exercising functions similar to those of the <br /> foregoing, foreseen or unforseen, ordinary as well as <br /> extraordinary, that may be applicable to the Property or the Well <br /> or to Kearney's use or the manner of use of the Property or the <br /> Wall. <br /> 3. No Sn1igrfergnce With Landowner's operations. The <br /> drilling, installing, operation, maintenance and removal of the <br /> Well, and all other use and occupation of the Property by <br /> Kearney, shall at all times be performed safely and in such <br /> manner as to cause no interference with, or in any way impair the <br /> safety of, any desired use by Landowner of the Property. <br /> 4. Utilities. Landowner shall have no obligation to <br /> furnish Kearney with, and does not assure access to, any services <br /> or utilities. Kearney agrees to pay for any and all services and <br /> utilities that are supplied to the Property for purposes of the <br /> Well. In the event any services or utilities are furnished to <br /> the Property for purposes of the Well, Landowner shall not be <br /> liable for failure to furnish any such services and utilities. <br /> Landowner shall not be liable under any circumstances for any <br /> loss or damage in connection with or incidental to the furnishing <br /> or failure to furnish any of such services or utilities. <br /> Landowner reserves the right to control and reduce the <br /> consumption of utilities and services supplied to the Property in <br /> order to conserve energy and resources, and to comply with all <br /> 25147160000O25.YP5 - 2 <br />