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2250-90 will have no liability whatsoever to Seller or any other persons respecting the condition of the Property or any patent or latent defect thereof. Buyer may have one or more representatives or contractors present, whether such entry by Seller is to perform remediation activities or otherwise. Seller will not suffer or permit to be enforced against the Property, or any part thereof, any mechanics', materialmen's, contractors' or subcontractors' liens or any claim for damage arising from any work performed by Seller or Seller's representatives or contractors under this right of entry, but Seller will pay or cause to be paid or released all of said liens, claims or demands before the same are enforced against the Property. Seller will indemnify, defend and hold harmless Buyer from and against any loss, damage, injury, accident, fire or other casualty, liability, claim, cost or expense (including reasonable attorneys' fees), caused by any act or omission or willful misconduct of Seller or any of Seller's representatives or contractors while on the Property pursuant to the license granted in this Section 3.1.6. 3.1.7 Seller's Remediation Facilities; Coordination Between Seller's Remediation Work and Buyer's Development. (a) Buyer shall not damage or otherwise interfere with any of Seller's remediation facilities (including, without limitation, monitoring wells and remediation systems) now or hereafter located on the Property. Seller shall, to the extent reasonably practicable, perform Seller's Remediation Work (including the location of any new remediation facilities on the Property) as will minimize interference with development of the Property for the Permitted Uses in accordance with Buyer's Site Plan attached hereto as Exhibit D ("Buyer's Plan") and shall place Seller's remediation facilities in a location or locations on the Property as reasonably agreed between Seller and Buyer ("Agreed Location"). Buyer may require Seller to relocate any then-existing remediation facilities of Seller to other locations on the Property as necessary to accommodate development of the Property for the Permitted Uses in accordance with Buyer's Plan; provided that DTSC approves the relocation. Buyer shall pay all the costs of said relocation if the relocation is made necessary by a change in Buyer's Plan occurring subsequent to Seller undertaking Seller's Environmental Work or if the relocation is from an Agreed Location. Seller shall pay all the costs of said relocation if the relocation is made necessary by Seller locating the facilities in other than an Agreed Location and in a manner inconsistent with Buyer's Plan. (b) Subject to the provisions of subparagraph(a)above, Buyer and Seller shall make commercially reasonable efforts to coordinate and plan for Seller's Environmental Work and Buyer's construction activities on the Property so as to minimize to the extent practicable interference with Buyer's construction activities by Seller's Environmental Work and interference with Seller's Environmental Work by Buyer's construction activity. 3.1.8 Survival. The provisions of this Section 3.1 shall survive the Closing and the delivery of the Deed, and shall be incorporated into the Environmental Remediation Notice and Agreement in the form of Exhibit E attached hereto and made a part hereof("Environmental Agreement"), to be entered into by the parties and recorded at Closing. G:LLAWADhf\BbRMSAtSacramcntokTracy City.psa 11-17.06.Joc