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DocuSign Envelope ID:8F38E285-6735-49DA-9948-802872B2FF5B Old Valley Pipeline Right of Way Tracy,CA (D) Drums and containers may remain on the Property for a reasonable time after the completion of the Work until EMC Group has analyzed the contents for waste disposal, after which such drums and containers will be promptly removed in accordance with applicable suandards, laws,codes,rulcs, and regulations. EMC will coordinate the location of the drunis and containers with Grantor_ 2.4 Restoration. If entry onto the Property by any member of EMC Group, or exercise by EMC of any of its rights or obligations under this Agreement, results in any physical damage to the Property (ordinary :wear and tear and legal abandonment of subsurface equipment exceptteA EMC shall promptly repair and restore the portions of the Property damaged to substantially the same condition as existed prior to the damage. 2.5 Agency Communications. (A) EMC shall promptly notify Grantor when final repodsl labcmtmy test:molts,and other communications pertaining to the Property are uploaded to GeoTracker(the State Water Resources Control Board's data management system).GeoTracker is located at geotiracker.waterboerds.ca.gov. (B) Grantor shall provide EMC with copies of any communications to the Agency regarding the Work. 2.6 Notice to EMC Prior to Construction.During the term of this Agreement,Grantor shall give EMC at least 90 days advances written notice pry to any change in the intended use of the Property or construction plan%including repaving or gradmg of the parking lot,or modifications to the landscaping or irrigation systems which could impact or damage EMC's equipment on the Property_ 3. TERM 3.1 Term.This Agreement is effective from the Effective Date and terminates when EMC has completed the Work and any restoration obligation under Section 2.4(Restoration)_ 4 LZA><ABILITY AND I]N[DEI MW 4.1 NO ADNIISSION OF LIABILITY. The Parties acknowledge and agree that this Agreement, the act of entering into it, and any act or omission pursuant to this Agreement will not be construed as an admission of any nature. 41 INDEMNITY.Subject to Section 4.4(limitation on Classes of Damages),EMC shall indemnify, defend, and hold harmless Grantor and its employees, successors, and assigns from and against any claims brought against Grantor or any of its employees, successors, and assigns wilthin 24 months after terminahon of this Agreement for persowd in jury or for physical damagm to real or persona&property arWmg out of the performance of the Work on the Property by EMC Group or its representatives,to the extent caused by the negligence,breach of any obligation(statutory or otherwise), fault,or liability of EMC Group or its representatives except to the extent that such damages or claims are due to the reckless,negligent,or intentional acts or omissions of Grantor or any of its empio ,successors,and ash 43 LIENS. EMC shall discharge at once, or bond, or otherwise secure against all liens and attachments that are Med m convection with the Worlk,and wMAm 24 months Old Vally PVd=Rq ft off Way,Try;CA FCC ES Law Site Access Agreement Outdoor U.S.Wv7 July 2018) 3