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DEC-22-2004 16:27 PORT OF STOCKTON ANNEX 209 464 1251 P.03 <br /> remove soil and groundwater, or test soil gas on Owner's Property. Owner also <br /> grants to Tyco the right to ingress to and egress from Owner's Property for <br /> necessary personnel, machinery, and equipment, in furtherance of the purposes <br /> stated above. These rights of access are granted for so long as they are required <br /> by the DTSC. <br /> 2. Prior Notice of Commencement of Work <br /> At least 24 hours prior to the commencement of activities on Owner's Property pursuant <br /> to this agreement, Tyco and/or its contractors shall provide facsimile and telephone <br /> notice to Owner describing the work to be conducted on Owner's Property, the <br /> equipment to be used, and the type of access to the property required. <br /> 3. Conduct of Operations <br /> 3.1 No Undue Interference <br /> Tyco and/or its contractors and subcontractors shall perform all activities on <br /> Owner's Property in such a manner as not to unduly interfere with, or disrupt, the <br /> normal operation of activities on the property, and so as not to endanger the <br /> health, safety, or welfare of employees, agents, clients, tenants, or others present <br /> on Owner's Property. <br /> 3.2 Removal and Restoration <br /> Tyco and/or its contractors and subcontractors shall remove any material and/or <br /> equipment from Owner's Property promptly upon completion of the work, and <br /> shall restore Owner's Property as nearly as reasonably practicable to its condition <br /> prior to the conduct of the work. <br /> 4. Compliance with Applicable Law <br /> Tyco and/or its contractors and subcontractors shall conduct all activities pursuant to this <br /> Agreement in accordance with all applicable federal, state, and local laws, rules, <br /> regulations, and orders. All sample materials collected from Owner's Property will be <br /> obtained, handled, transported, stored, tested, and disposed of by Tyco as required by <br /> such laws, rules, regulations, and orders. <br /> 5. Indemnity <br /> 5,1 Presence and/or Activities on Owner's Property <br /> Tyco agrees to indemnify and hold Owner harmless from loss by Owner, or by <br /> any of Owner's employees, agents, tenants, successors, or assigns, as a result of <br /> any actual damage or injury to persons or properly on or off Owners' Property, <br /> arising directly from the presence and/or negligent activities of Tyco, its <br /> 2 <br /> DEC 22 2004 17:44 209 464 1251 PAGE.03 <br />