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borehole or well by Kearney, its employees , agents , and/or <br /> subcontractors . This indemnification shall not extend to <br /> claims , demands, suits for loss , injury, damage or liability <br /> which arise as a result of Landowners gross negligence or <br /> intentional acts . <br /> Duration of Monitoring Program <br /> Each groundwater monitoring well will be sampled <br /> quarterly until either ( i) three consecutive quarterly samples <br /> from the well each yield no detectable concentration of any <br /> volatile organic compound ( "VOC" ) associated with the <br /> Kearney-KPF facility or ( ii) four consecutive quarterly samples <br /> from the well each yield concentration for every "VOC" which <br /> are below the groundwater cleanup objectives that are <br /> established for the site in the site ' s RCRA Post-Closure <br /> Permit . Groundwater monitoring may be extended beyond this <br /> period by mutual agreement of the parties . <br /> Term <br /> This Agreement shall be binding on the parties and <br /> their assigns for two years from the date of execution and may <br /> thereafter be renewed for additional terms by mutual assent of <br /> the parties . <br /> 4 - <br />