Laserfiche WebLink
SENT ©Y:IRELL & MANELLA -13-91 14:46 IRELL & MANELLA4 2004053071 ;9 6 <br /> other documents that relate to the Well or to contaminated soil <br /> and/or groundwater in, on or under the Property within tan days <br /> after Kearney's receipt thereof. Kearney agrees that Landowner <br /> may disclose such test results to potential purchasers of the <br /> Property. <br /> 9. Taxest Liens. <br /> (a) Kearney shall pay, prior to delinquency, all <br /> taxes, assessments and other governmental charges, of any kind <br /> and nature whatsoever, which during the term of this Agreement <br /> are assessed or levied upon or become due and payable and a lien <br /> upon the Property or any part thereof as a result of the well, or <br /> Kearney's activities in connection therewith, or any trade <br /> fixtures, furnishings, equipment or other personal property or <br /> facility used in the operation thereof. Should any hazardous <br /> waste be generated under this Agreement, Kearney agrees that it <br /> shall be and be named the generator of such hazardous waste for <br /> all purposes, including the completion of any and all Uniform <br /> Hazardous waste Manifests. Kearney agrees that Kearney's <br /> obligations under this !action 9 shall survive the termination of <br /> this Agreement and the license granted by this Agreement. <br /> (b) Kearney shall pay, when due, all claims for labor <br /> or materials furnished or alleged to have been furnished to or <br /> for Kearney at or for use on the Property, which claims are or <br /> may be secured by any mechanic's or materialman's lien against <br /> the Property or any interest therein. Kearney shall give <br /> Landowner not less than tan (10) days' notice prior to the <br /> commencement of any work in the Property, and Landowner shall <br /> have the right to post notices of non-responsibility in or on the <br /> Property as provided by law. If Kearney shall, in good faith, <br /> contest the validity of any such lien, claim or demand, then <br /> Kearney shall, at its sole expense, defend itself and Landowner <br /> against the same and shall pay and satisfy any such adverse <br /> judgment that may be rendered thereon before the enforcement <br /> thereof against Landowner or the Property, upon the condition <br /> that if Landowner shall require, Kearney shall furnish to <br /> Landowner a surety bond satisfactory to Landowner indemnifying <br /> Landlord against liability for the same and holding the Property <br /> free from the effect of such lien or claim. In addition, <br /> Landowner may require Kearney to pay Landowner's attorneys' fees <br /> and costs in participating in such action if Landowner in it sole <br /> discretion shall decide it is to its best interest to do so. <br /> 10. CaRualty. Landowner shall not be liable for any <br /> injury, damage or loss suffered, sustained .or claimed by Kearney <br /> or the agents, employees, licensees or invitees of Kearney, or by <br /> any third person, arising from or related to fire, earthquake, <br /> flood, seepage of waters upon the Property, drainage or lack of <br /> ZS147�0000007�.k67 - S - <br />