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on the Premises and, prior to any such boring, the Licensee will review all such material to <br /> preclude Licensee's fouling any existing pipelines or structures. Licensor does not warrant <br /> the accuracy of information relating to subsurface conditions and Licensee's operations will <br /> be subject at all times to the liability provisions herein. <br /> 8. Any open hole, boring or well constructed upon Premises by Licensee shall be safely <br /> covered and secured at all times when Licensee is not physically working in the actual <br /> vicinity thereof. All monitoring wells shall be completed at or below the surface of the <br /> ground surrounding the well. Following completion of that portion of the work, all holes, <br /> borings or wells constructed on the Premises by Licensee shall be: (a) filled in to <br /> surrounding ground level with compacted bentonite grout; or(b) otherwise secured or <br /> retired as required by federal, state or local law or regulation, or by any governmental <br /> agency having jurisdiction over the Premises. All excavated materials shall be properly <br /> disposed of by Licensee and shall not be left on the Premises for more than thirty (30) <br /> days. ` <br /> 9. Any activities performed by Licensee shall be in accordance with prudent standards of <br /> professional environmental practices exercised by the environmental engineering <br /> profession. <br /> 10. Upon completion of each portion of its work on the Premises as set forth in this License, <br /> Licensee shall: (1) remove all of its equipment from the Premises; (2) restore any damage <br /> to the Premises caused by Licensee; (3) remedy any unsafe conditions on the Premises <br /> created by Licensee; and (4) leave the Premises in as functional and safe a condition as that <br /> which existed at the time of the initial entry by Licensee pursuant to this License. <br /> 11. Licensee's on-site supervision shall retain/maintain a fully-executed copy of this License at <br /> all times while on the Premises. <br /> 12. In using the Premises, Licensee shall comply with any and all requirements imposed by <br /> federal or state statutes, or by ordinances, orders, or regulations of any governmental body <br /> having jurisdiction thereover. <br /> 13. (a) Licensee agrees to indemnify and hold harmless Licensor and its affiliated <br /> companies against, and shall at Licensor's discretion assume the defense of, any <br /> claims, suits, awards, demands, cleanup costs, disposal costs, expenses (including <br /> attorney's fees), fines,penalties or judgments (collectively"Claims")brought <br /> against Licensor or its affiliated companies for(1) injury or death to all persons <br /> including Licensee or any of its employees, subcontractors, agents or invitees and <br /> Licensor's officers and employees; (2) for loss or damage, including but not limited <br /> to environmental damages,to property belonging to any person; any of which arises <br /> from the Licensee's acts or omissions or failure to perform any obligation <br /> hereunder, except to the extent that such Claims are caused by the intentional <br /> misconduct or negligence of Licensor. <br /> 3 <br />