Laserfiche WebLink
7. Performance of Work. The Work shall be performed in a commercially reasonable and <br /> workmanlike manner and appurtenances maintained in good condition and repair. Equilon will <br /> exercise its rights and perform its Work under this Agreement in compliance with all applicable <br /> laws, regulations, and orders of any governmental agency with jurisdiction over the Work, <br /> including all applicable health and safety requirements. Any monitoring wells installed by Equilon <br /> will be properly capped at grade level pursuant to applicable regulations. Equilon will be <br /> responsible for the prompt removal, treatment and/or disposal of any contaminated soil or water <br /> associated with the Work,as well as the removal of all equipment associated with the performance <br /> of the Work. Any time Equilon and its affiliates depart the Property, they are responsible for <br /> securing the Property by closing and relocking doors and gates, if any. Entrance into the on-site <br /> building requires use of an alarm code, which, if required, will be provided by Tenant upon <br /> reasonable notice and as long as access will occur when it will not unreasonably interfere with <br /> Tenant's operations on the Property. Equilon and its representatives shall label all drummed <br /> materials that are left at the Property overnight, even if such labeling is not otherwise required by <br /> law. The labels will describe the contents and identify Equilon as the generator of the material, <br /> including Equilon contact information. Equilon or its representative shall immediately inform <br /> Owner if it has been observed that the perimeter fence has been compromised in any way. <br /> 8. Mutual Cooperation. Equilon shall take all necessary precautions to avoid unreasonable <br /> disruption to Licensors's use or development of the property and to avoid unnecessary damage to <br /> the Property. Equilon agrees to coordinate its activities with Licensors and provide reasonable <br /> notice prior to all activities conducted on the Property. Under no circumstances will the Work <br /> prevent public access to the Property or prevent use of more than ten percent of the public parking <br /> spaces at the Property during normal business hours on Mondays through Saturdays without the <br /> advance written permission of Licensors. Licensors agree to cooperate with Equilon and execute <br /> any additional documents that may reasonably be required to effectuate the purpose of this <br /> Agreement, including execution of necessary permit applications. Licensors further agree not to <br /> interfere with the Work as long as it is conducted consistent with the requirements of this <br /> Agreement. <br /> 9. Site Restoration. Upon completion of the Work contemplated by this Agreement,Equilon <br /> will (A) either (i) remove any monitoring wells installed by Equilon and properly backfill the <br /> wellbores, or (ii) properly plug and abandon the monitoring wells pursuant to applicable <br /> regulations, and (B) restore the surface of the Property disturbed by Equilon and/or its <br /> environmental consultants during the Work to as close as is reasonably possible to the superior of <br /> (iii) its condition existing at the time the Work began or(iv)the condition of the surrounding area <br /> not used for the Work at the time of completion of the Work. <br /> 10. Indemnity. Equilon agrees to indemnify, defend, and hold Licensors harmless from and <br /> against clairns,causes of actions,judgments,or liabilities from personal injury, death,or property <br /> damage caused by Equilon's performance of the Work,except to the extent that any of same may <br /> be attributed,whether in whole or in part,to the negligence, gross negligence,or intentional act of <br /> a Licensor or anyone acting on a Licensor's behalf. Equilon further agrees to indemnify, defend, <br /> and hold Licensors harmless from and against liabilities, costs, expenses, fines, or judgments <br /> resulting from an agency order or statutory requirement imposed by an environmental authority <br /> for the investigation or remediation of hazardous materials, including hydrocarbons, attributable <br /> to Equilon's operations at the Property. This indemnity is separate from any other indemnification <br /> agreements between the Parties, and shall terminate at the time the Work is complete(i.e. when a <br /> 2 <br />