FIELD DOCUMENTS_2008-2015 - Laserfiche WebLink

Home Browse Search

relocation of any such interfering groundwater monitoring or extraction wells or conveyance piping. S . Performance of the Permitted Activities. Permittee and Permittee 's Agents shall take all reasonable and necessary safety and security precautions and maintain a neat and orderly workplace in connection with the performance of the Permitted Activities under this Agreement . Permittee shall not permit any damage to the Subject Property as a result of the performance of the Permitted Activities, except as may otherwise be required to perform the Permitted Activities (such as, by way of example, breaking through pavement to install groundwater monitoring and extraction wells and groundwater conveyance piping) . Permittee shall repair to the reasonable satisfaction of Permittor and Permittor's tenant (s) and affected subtenants, as soon as is reasonably practicable, any damage caused to the Subject Property resulting from the performance of the Permitted Activities by Permittee or PermitteeIs Agents. When making such repairs, Permittee shall use materials of the same or comparable quality as those being replaced. Within 90 days of completing installation of remedial facilities on Subject Property, Permittee shall provide to Permittor a copy of all as- built drawings documenting the final location of all remedial facilities installed on the Subject Property. 6. Commencement Duration and Termination_. This Access Agreement shall become effective as of June 9, 1999, and shall terminate when either the Court or the applicable governmental authority has authorized permanent closure or removal of the monitoring and remedial facilities installed as part of the Permitted Activities, and the Subject Property has been restored to substantially the same condition as that which existed prior to the installation of the remedial facilities . Permittee shall give written notice to Permittor within ten (10) days after the Court or applicable governmental authority has authorized permanent closure or removal of the monitoring and remedial facilities installed as part of the Permitted Activities on the Subject Property. When the monitoring and remedial facilities are closed or removed by Permittee, Permittee shall promptly restore the portions of the Subject Property affected by the installation of such facilities to substantially the same condition as that which existed prior to the installation of such facilities. 7 . Insurance. As part of the settlement in the case Lincoln Properties, Ltd. v. Norman Higgins, et al. , a new Environmental Remediation Trust Pollution Legal Liability Select Policy, number EPP2673166, has been issued to the Trust by American International Surplus Lines Insurance Company (the "Policy") (Exhibit A to this Access Agreement) . Permittor, PermittorIspredecessors-in-interest (as defined in the signature block to this Access Agreement) and their tenants and subtenants shall be named as additional insureds on Coverages A, B, C and F of the Policy. In addition to the policy, Permittee shall cause Permittee' s environmental consultant to maintain the following insurance coverages which shall name Permittor' s predecessors-in-interest (as defined in the signature SF 122493.3 99980 00100 4 10/20/99 12:00 PM