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DocuSign Envelope ID:21DA64AB-45D9-402D-84E1-762AFA5983F3 <br /> Old Valley Pipeline Right of Way <br /> Tracy,CA <br /> (D) Drums and containers may remain on the Property for a reasonable time after the <br /> completion of the Work until EMC Group has analyzed the contents for waste <br /> disposal, after which such drums and containers will be promptly removed in <br /> aaowdanm with applicable standards, laws, codes: rules,and regulations. EMC <br /> will coordiriate the local w of dr drums and containers%Vh Grantor. <br /> 2.4 Restoration. If entry onto the Property by any member of EMC Group, or exercise by <br /> EMC of any of its rights or obligations under this Agreement, results in any physical <br /> damage to the Property (ordinary wear and tear and legal abandonment of subshuface <br /> equipment excepted),EMC shall promptly repair and restom the pc nions of the Property <br /> damaged to substantially the same condition as existed prior to the damage. <br /> 25 Agency Commenicstions. <br /> (A) EMC shall promptly notify Grantor when final reports,lam test msul s,and <br /> other communications pertaining to the Property are uploaded to GeoTracker(the <br /> State Water Resources Control Board's data management system).GeoTracker is <br /> looted at geotracker.waterboards.cagov. <br /> (B) Grantor shall provide EMC with copies of any communications to the Agency <br /> regarding the Work. <br /> 2.6 Notice to EMC Prior to Cowshmetion.During the terns of this Agreement;Grantor shall <br /> give EMC at least 90 days advance written notice prior to any change in the intended use <br /> of the Propert) or consftu alion plans,including repaving or grading of the parking lot,or <br /> modifications to the landscaping or irrigation systems which could impact or damage <br /> EMC's equipment on the Property. <br /> 3. TERM <br /> 3.1 Term.This Agreement is effective from the Effective Date and terminates when EMC has <br /> completed the Work and any restoration obligation under Section 2.4(Restoration). <br /> 4. LUBILITY AND IAIDElirl NIT-V' <br /> 4.1 NO ADMISSION OF LIABILITY. The Parties acknowledge and agree that this <br /> Agreement, the act of entering into it, and any act or omission pursuant to this <br /> Agreement wit!not be construed as an admission of any natâ– re. <br /> 41 INDEXNM.Subject to Section 4.4(Limillulion on Chwes of lhamagas),EMC shall <br /> indemnify, defend, and hold harmless Grantor and its employees, successors, and <br /> a. from and against any claims brought against Grantor or any of its employees, <br /> successors, and within 24 months after termination of this Agreement for <br /> pers&aal injury or for physical damage to rml or pamend pnperty arising out of the <br /> performance of the Work on the Property by 11r11+IC Group or its representatives,to <br /> the extent caused by the negligence,breach of any obligation(statutory or otherwise), <br /> fault,or liability of EMC Group or its representatives except to the extent that such <br /> dmstes or claims thre due to lie rerick ss,negligent,or intienfous]acts or omillisions <br /> of Gramtor or any of its emcees, s sad mjlphr. <br /> 43 LIENS. EMC shall discharge at once, or bond,or otherwise secure against all liens <br /> and atftek>nents that are Mod in connection with the Work,and within 24 months <br /> Old Val PMeli c Right of R°ay,Tracy_CA <br /> FCC ES Law Site Access Agreement Outdoor U.S.(Rev7 July 2018) 3 <br />