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Susan Lukaszewicz <br /> Tune 14,2005 <br /> Page 3 <br /> limited to,providing 48 hours notice prior to all activities on the Property <br /> and to perform work during the morning hours. Licensor agrees to <br /> cooperate with Shell, and execute additional documents, such as,permit <br /> applications,which may reasonably be required to effectuate the purpose <br /> of this Agreement. Licensor agrees not to unnecessarily interfere with the <br /> activities conducted by Shell on the Property. <br /> 8. Paragraph 8 of this Agreement should be modified in full to read: <br /> 8. Indemnities. Shell agrees to indemnify, defend and hold Licensor, <br /> and its officers, directors, shareholders, employees,lenders, agents, <br /> insurers,representatives, successors, and assigns (collectively referred to <br /> as "Indemnified Parry")harmless from any and all liabilities, losses, <br /> claims, demands, or orders arising out of the Investigation Shell performs <br /> pursuant to this Agreement, except to the extent that any said liabilities, <br /> losses, claims, demands,or orders may be attributed in whole or <br /> substantially in part to acts the active negligence, gross negligence or <br /> intentional misconduct of the Indemnified Party. This indemnity shall <br /> terminate at the time the Investigation is complete as set forth in <br /> paragraph 3 of this Agreement and be of no further force or effect. <br /> Shell agrees to indemnify and hold harmless Licensor from and <br /> against any and all claims, costs, expenses (including reasonable <br /> attorneys' fees), demands,fines,causes of action,losses, damages, <br /> judgments or liabilities which may be made or asserted by any third <br /> party (including a governmental agency) on account of personal <br /> injury, death, or property damage caused by, arising out of, or in any <br /> way incidental to the presence of petroleum hydrocarbons on the <br /> Property; provided that such presence of petroleum hydrocarbons <br /> was proximately caused by USTs. <br /> 9. Paragraph 9 in the agreement should be deleted in its entirety: <br /> 10. Paragraph 10 should be modified in full to read: <br /> 10. Assignment and Reimbursement from Trust Funds. Licensor agrees <br /> to cooperate with Shell,including execution of additional documents,if <br /> necessary, in obtaining any allowable reimbursement Shell may be <br /> entitled to from a state and federal fund established by the state or federal <br /> government to fund or reimburse cleanups, assessments,remediations, or <br /> satisfaction of claims at UST sites and that any moneys obtained from <br /> said fund shall belong solely to Shell. <br /> A��r <br /> e s <br /> 3889343 <br />