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<br /> completion of any phase of the remediation plan Wyatt will restore the Property to the
<br /> conditions existing prior to the commencement of its work. Any samples, waste materials, soil
<br /> cuttings, hazardous wastes, hazardous substances, pollutants, contaminants, or free product
<br /> which results from Wyatt's activities shall be the sole property of Wyatt and shall be handled,
<br /> stored, treated, transported and disposed of, as necessary, in accordance with all applicable
<br /> local, state, and federal laws, regulations, and ordinances.
<br /> 4. Wyatt acknowledges that, in addition to paying the full cost of the Remediation, it is
<br /> responsible, after first obtaining the approval of McDonald's to do so, for replacing, repairing or
<br /> removing any of McDonald's improvements on the Property necessary to complete the
<br /> Remediation. In the event McDonald's future construction needs require the relocation of any
<br /> items installed on the Property by Wyatt, Wyatt shall remove or relocated those items at Wyatt's
<br /> sole cost.
<br /> 5. Wyatt covenants and agrees that it will indemnify, hold harmless and defend McDonald's
<br /> from and against any and all claims, expenses, losses and liabilities of any nature relating to the
<br /> Contamination of the Property which originated from Wyatt's premises or equipment and from
<br /> Wyatt's, or Wyatt's agents or consultants, activities on the Property pursuant to this Agreement.
<br /> Prior to commencing any work, Wyatt or his consultants shall provide evidence of at least
<br /> $1,000,000 in general commercial liability insurance coverage for damage, personal injury, and
<br /> death, naming McDonald's Corporation and it's franchisee as additional insureds, and
<br /> workmens compensation insurance in accordance with the laws of the State of California.
<br /> 6. Nothing in this Agreement shall be deemed or construed as requiring McDonald's to perform
<br /> any activity whatsoever in connection with the Contamination nor to expend any sums in
<br /> connection with the Remediation.
<br /> 7. Wyatt will promptly provide McDonald's with copies of all investigative and remedial reports
<br /> together with a copy of all correspondence sent to or received from the overseeing government
<br /> agencies.
<br /> 8. In the event Wyatt fails to comply with the terms of this Agreement and continues in default
<br /> for a period of 5 business days after notice from McDonald's to cure, McDonald's may terminate
<br /> ':V`,r3tt's rigl;t of access, care Wyatt's default and be reimbursed from Wyatt within 30 days of
<br /> demand for reimbursement. In any event, this Agreement shall terminate with no further action
<br /> of either party 7 years from the date of this Agreement, provided that Wyatt's obligation to
<br /> remove its equipment and restore the Property shall survive termination. It is the intent of the
<br /> parties to create a limited license in Wyatt and no easements or other interests in the Property
<br /> are conveyed.
<br /> 9. Any notices required herein may be delivered by U.S. certified mail, messenger, fax or
<br /> overnight delivery, if to McDonald's to McDonald's Corporation, One McDonald's Plaza, Oak
<br /> Brook, Illinois 60523, Attn: U.S. Legal Department, LIC: 004-0095, and if to Wyatt to
<br /> MCDONALD'S CORPORATION
<br /> BY:
<br /> Art Wyatt
<br />
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