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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 to <br /> its condition just prior to such disturbance. <br /> 3.4 Licensee shall, after the Boreholes or Wells are no longer useful to the investigation, <br /> backfill or close out such Boreholes or Wells according to applicable standards. <br /> 3.5 Licensee agrees to indemnify, defend, and save Licensor harmless from all liability, <br /> damage, expense, causes of action, suits, claims, or judgements, including reasonable <br /> attorneys fees, resulting from injuries to persons or damage to property on the <br /> Property or on adjoining streets and sidewalks which arise out of the act, failure to <br /> act, or negligence of Licensee, its agents, employees, invitees, or guests in performing <br /> Work under this License Agreement. <br /> 3.6 This License Agreement may be terminated by either party upon thirty (30) days' <br /> prior written notice. <br /> 3.7 Licensee shall use its best efforts to locate the Boreholes or Wells in a manner so <br /> as not to unreasonably interfere with Licensor's use and occupation of the Property. <br /> 3.8 By executing this Agreement, or conducting any Work thereunder, Licensee does not <br /> waive any rights it may have against any other person or entity in connection with <br /> any contamination such as may actually or allegedly exist at or in the vicinity of the <br /> Property. <br /> 3.9 Neither this Agreement nor any Work thereunder shall constitute or be interpreted <br /> or construed as an admission by Licensee of liability or fault under any federal, state <br /> or local law, or for any purpose whatsoever. <br /> IN WITNESS WHEREOF, the parties hereto are authorized to and have executed <br /> this License Agreement as of the day and year first above written. <br /> ARCO PRODUCTS COMPANY Mr. M. G. Vieira, Jr., et al <br /> By: By: <br /> Title: Title: <br />