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DEl'-10-2007 04 :22 PM — _ P. 01 <br /> 3.3 If the surface of the Property or any improvements thereon shall be disturbed by the <br /> emplacement of Licensee's Boreholes, Wells, or Piping, then, upon completion of <br /> Work thereunder, said surface or improvements shall be promptly restored by <br /> Licensee to its condition just prior to such disturbance. <br /> 3.4 Licensee shall, after the Boreholes and Wells are no longer useful to the <br /> investigation, backfill or close out such Boreholes and Wells according to <br /> applicable standards. <br /> 3.5 Licensee agrees to indemnify, defend, and save Licenser harmless from all liability, <br /> damage, expense, causes of action, suits, claims, or judgments, including <br /> reasonable attorneys fees, resulting from injuries to persons or damage to property <br /> --.. .os}..the-Pre pwy.nr-..an. adjoining streets.and sidewalks..wrhicb_.arise-o.ut. of_.the act, --- -. <br /> failure to act, or negligence of Licensee, its agents, employees, invitees, or guests in <br /> performing Work under this License Agreement. <br /> 3.6 This License Agreement may be terminated by either party upon thirty (30) days <br /> prior written notice. <br /> 3.7 Licensee shall use its best efforts to locate the Boreholes, Wells, and Piping in a <br /> manner so as not to unreasonably interfere with Licenser's use and occupation of <br /> the Property. <br /> 3.8 By executing this Agreement, or conducting any Work thereunder, Licensee does <br /> not waive any rights it may have against any other person or entity in connection <br /> with any contamination,such as may actually or allegedly exist at or in the vicinity <br /> of the Property. <br /> 3.9 Neither this Agreement nor any Work thereunder shall constitute or be interpreted <br /> or construed as an admission by Licensee of liability or fault under any federal, <br /> state, or local law, or for any purpose whatsoever. <br /> IN WITNESS WHEREOF, the parties hereto are authorized to and have executed this <br /> License Agreement as of the day and year first above written. <br /> Timothy bong Michael Olivarez <br /> By: By: IJ 4 <br /> Title: QV40, Ni A f& Title: W <br /> KATimothy Keng Propert5ACorresrrnidence\kung-olivarez access l I0907.doc <br />