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hereunder, comply with all applicable federal, state and local codes, ordinances, rules, regulations, orders and decrees of any government or quasi -government entity having jurisdiction over the Subject Property, including without limitation, Federal OSHA (and specifically including 29 C.F.R. § 1910.120 and § 1926.65) and equivalent laws and regulations. 6. Permits. RTD shall at, its own risk and expense, obtain in advance of the time required, all permits, approvals and licenses, give all required notices, prepare all reports and pay all govemment charges and oversight or inspection fees required for the prosecution of the ACTIVITIES required or imposed by any government or quasi - government entity having jurisdiction over the Subject Property. Copies of all permits, approvals and licenses must be provided to OWNER and TENANT prior to commencement of the ACTIVITIES. 7. Materials. RTD shall provide through itself or subcontractors the necessary supervision, labor, inspection, testing, startup, material, equipment, machinery, temporary utility and other temporary facilities to permit RTD to complete its ACTIVITIES. Such work shall be completed using the degree of skill and care that would ordinarily be employed by experienced persons performing the work described in the Scope of Work. RTD shall perform all ACTIVITIES efficiently and with the requisite expertise, skill and competence to satisfy the requirements of this Agreement. RTD shall at all times exercise complete and exclusive control over the means, methods, sequences and techniques of the ACTIVITIES. 8. Employees, Contractors and Subcontractors. RTD's contractors, subcontractors and employees are bound by contractual or other obligations of RTD to perform the work in compliance with this Agreement. RTD shall employ only those employees, contractors and subcontractors who are duly licensed and qualified to perform the ACTIVITIES consistent with this Agreement. 9. Assumption of Responsibility. RTD assumes responsibility to TENANT and OWNER for the proper performance of the ACTIVITIES of its employees, contractors and subcontractors and any acts and/or omissions in connection with such performance. Nothing in the Agreement is intended or deemed to create any legal or contractual relationship between TENANT and OWNER and any employee, contractor or subcontractor of RTD, including but not limited to any third -party beneficiary rights. 10. Safety_ RTD shall maintain a safe work environment during the ACTIVITIES. 11. Equipment and Materials Quality. RTD warrants to TENANT and OWNER that the construction, coring, drilling work, including all materials and equipment furnished as part of the ACTIVITIES, shall be of good quality and free of defects in materials and workmanship. RTD shall not release, discharge or emit to the environment, or permit the release, discharge or emission by any other person, of any hazardous substances at or on the Subject Property, except as authorized by permits or approvals obtained by RTD with respect to the ACTIVITIES. RTD shall use diligent efforts to prevent any action that would result in the movement, migration, discharge, release or other exacerbation of {00198228.} [HCS 510454] DRAFT 4-20-23 21