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subtenants shall respond to PermitteeIsrequest for access no later <br /> than five (5) business days prior to the requested date to commence <br /> Permitted Activities. Once approved by Permittor and Permittor' s <br /> tenant (s) and affected subtenants, each request for access and <br /> corresponding consents shall be incorporated into and made a part <br /> of this Access Agreement. Permitted Activities performed pursuant <br /> to such approved requests shall be subject to the terms and <br /> conditions of this Access Agreement . <br /> (c) Notwithstanding the foregoing, Permittee, <br /> Permittee 's Agents, and Trustee may in the event of an emergency <br /> enter onto the Subject Property without prior scheduling notice to <br /> perform the Permitted Activities on the Subject Property, provided <br /> that Permittee shall subsequently notify Permittor and Permittor's <br /> tenant (s) and any affected subtenants of the facts of, and the <br /> reason for, such entry. Permitted Activities performed under such <br /> emergency circumstances shall be conducted in accordance with the <br /> procedures set forth in LFR' s Construction Damage Response Plan, <br /> dated November 5, 1997, and as thereafter may be amended, and shall <br /> be subject to the terms and conditions of this Access Agreement . <br /> 2 . Governmental Authorization for Permitted Activities. <br /> Permittee and Permittee 's Agents shall obtain and maintain all <br /> necessary permits and authorizations from the Court and <br /> governmental entities and agencies and comply with all current and <br /> future laws, ordinances, orders, rules, regulations and permits <br /> with respect to their performance of the Permitted Activities . <br /> 3 . Waste Generation and Management . Permittee shall be <br /> designated the generator of any waste produced in performing the <br /> Permitted Activities, and shall be fully responsible for <br /> preparation and execution of any manifests required for the <br /> management of such waste. <br /> 4 . Use Occupation and Eniovment of Subiect Property. In <br /> exercising its rights granted by this Access Agreement, Permittee <br /> and Permittee' s Agents shall not unreasonably interfere with <br /> Permittor Is or Permittor Is tenant ' s and subtenants ' use, occupation <br /> or enjoyment of the Subject Property, except to the extent <br /> reasonably necessary to perform the Permitted Activities. If the <br /> location of any groundwater monitoring or extraction wells or <br /> conveyance piping installed on the Subject Property as part of the <br /> Permitted Activities unreasonably interferes with future plans to <br /> remodel and/or reconfigure buildings on the Subject Property, and <br /> the RWQCB, SJCPHSEHD or other applicable governmental agencies give <br /> their prior approval, then Permittor may require Permittee to <br /> relocate such interfering groundwater monitoring or extraction <br /> wells or conveyance piping at Permittee' s sole cost and expense. <br /> Permittee shall be responsible for obtaining all governmental <br /> agency approvals that are necessary for the relocation of any such <br /> interfering groundwater monitoring or extraction wells or <br /> conveyance piping. Permittor and its tenant (s) and subtenants <br /> shall reasonably cooperate with Permittee in performing the <br /> SF 122493.3 99980 00100 3 ' <br /> 10/20/99 12:00 PM <br />