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correspondence submitted to or received from any federal, state, or local governmental authority,
<br /> regarding the Investigation and related investigative and remedial work in, on, under or about adjoining
<br /> properties with respect to the actual or suspected presence andlor release of petroleum hydrocarbons and/or
<br /> other Hazardous Materials.
<br /> (c) Nothing in this Agreement shall give Licensee the right to use the Property to
<br /> treat, store or dispose of any wastes or Hazardous Materials. Licensee shall immediately remove from
<br /> the Property any wastes and Hazardous Materials used in or generated by its activities on the Property.
<br /> All documentation for transportation or disposal of such wastes or Hazardous Materials from the Property
<br /> shall be prepared and executed in Licensee's name only and Licensor shoe have no responaility, or
<br /> liability therefor.
<br /> (d) Llcensee shall immediately notify Licensor of any spill, release, or discharge of
<br /> any Hazardous Material in, on, under or about the Property which results from or is related to the
<br /> Investigation or Licensee's or its Representatives' access to and/or use of the Property under this
<br /> Agreement.
<br /> (e) For purposes of this Agreement, 'Hazardous Material(s)' means any chemical,
<br /> substance, material, controlled substance, object, condition, waste, living organism, or combination
<br /> thereof, which is or may be hazardous to human health or safety or to the environment due to its
<br /> radioactivity, ignitability, corrosivity, reactivity, explosivity, toxicity, carcinogenicity, mutagenicity,
<br /> phytotoxicity, infectiousness, or other harmful or potentially harmful properties or effects, including
<br /> without limitation petroleum hydrocarbons, petroleum products, lead, and all chemicals, substances,
<br /> materials, controlled substances, objects, conditions, hazardous or toxic substances or wastes, living
<br /> organisms or combinations thereof that are now or become in the future listed, defined or regulated under
<br /> any Law pertaining to the protection of human heahh.or the environtnent. Hazardous Materials shall
<br /> specifically include, without limitation, drill cuttings,well surge water, used decontamination fluids and
<br /> any other substance or material resulting from the Investigation.
<br /> 4. Prior Written Notice. Licensee shall, at least seven (7) days prior to any entry
<br /> onto the Property, deliver written notice to Licensor of its or its Representatives' intention to enter the
<br /> Property to conduct any work related to the Investigation, the proposed date and time of such entry, and
<br /> the nature, location and scope of any sampling, testing, or other work or activity to be conducted upon
<br /> the Property. Licensee and/or Its Representatives may enter only on the dates and times specified in such
<br /> notices. Licensor and its Representatives shall have the right to accompany and observe Licensee and its
<br /> Representatives during Licensee's andlor its Representatives' performance of all such work and activities
<br /> upon the Property.
<br /> S. Minimum Dismrh ns�r , License- and its Representatives shall perform all work
<br /> with such care, diligence and cooperation with Licensor personnel as will avoid.accident, damage or harm
<br /> to persons or property and delays to or interference with operations of BFS. Licensee shall use its best
<br /> efforts to conduct the work with minimum disturbanee.to BFS. If any aspect of Licensee's Investigation
<br /> interferes with or delays the operations of BFS, BFS shall notify Licensee as soon as reasonably possible.
<br /> If Licensee then fails to Immediately take all steps necessary to mitigate such interference or delay,
<br /> Licensee shall reimburse BFS for any and all. costsand damages, including, without limitation,
<br /> consequential damages resulting from any business.interruption, incurred by US as a result of any such
<br /> interferent-- or delay.
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