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3.2 Licensee agrees not to permit any liens to stand against the Property for Work done <br /> or materials furnished to Licensee, and Licensee agrees to indemnify and hold <br /> Licensor harmless from any such liens for Work performed under this License <br /> Agreement. <br /> 3.3 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 <br /> to its condition just prior to such disturbance. <br /> 3.4 To the extent that the Work has not been completed within two years of the date <br /> hereof and in the event that Licensor has decided two years or more after the date <br /> hereof to change or develop the use of, or sell lease or otherwise transfer the <br /> Property, then Licensee shall, on the basis of a written, one-time only request from <br /> Licensor, change the location, dimensions or any other characteristic of any well or <br /> equipment installed on the Property to facilitate such development, change, sale, <br /> lease or transfer; with the cost of such change to be paid by Licensee; and provided, <br /> further, that this written, one-time only request shall include the following: (1) the <br /> description, number and present location(s) of each of the wells or equipment to be <br /> changed; (2) the exact nature of the change(s) requested -- location, dimensions, <br /> characteristics or otherwise; (3)a description of the development,change, sale,lease <br /> or transfer of the Property; and (4) a written approval from San Joaquin County <br /> Public Health Services (SJCPHS) or any other governmental agency with <br /> jurisdiction over the site of the proposed change(s). Any additional request from <br /> Licensor for Licensee to change the location, dimensions or characteristics of any <br /> well or equipment, either within 24 months of the date hereof or after Licensee has <br /> already satisfied Licensors' request to change described herein, shall be at the sole <br /> costs and expense of Licensor and shall also be approved in writing by SJCPHS or <br /> any other governmental agency with jurisdiction over the site. <br /> 3.5 Licensee shall, after the Boreholes or Wells are no longer useful to the <br /> investigation, backfill or close out such Boreholes or Wells according to applicable <br /> standards. <br /> 3.6 Licensee agrees to indemnify, defend, and save Licensor harmless from all liability, <br /> damage, expense, causes of action, suits, claims, or judgements, 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 <br /> in performing Work under this License Agreement. <br /> 3.7 This License Agreement may be terminated by either party upon thirty (30) days' <br /> prior written notice. <br /> SAC/piM80W805109O.1d1-941fc2 2 Rev.0,October 11, 1994 <br />