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r <br /> Fifth Amended Permit for Wells and "fest Borings-Tower Park Marina <br /> servants,relating to the permitted work. In the event that any claim or legal action is <br /> threatened or commenced against one or more Indemnitees, Permittee shall select and pay for <br /> legal counsel reasonably satisfactory to such Indemnitees, Indemnitees shall have no <br /> recourse to the assets of the General Partners of Permittee, except.for the General Partners' <br /> interests in Permittee,for claims by the Indemnitees under this indemnification provision. <br /> 7. Permittees shall keep the District levees free from all liens and encumbrances <br /> including but not limited to all mechanics' and materialman's liens that may be suffered as a <br /> result of the permitted work herein or in any subsequent work involving the removal of any <br /> hydrocarbon contamination. <br /> �r <br /> 8. Permittees shall notify Tom Rosten,District Engineer, 72 hours prior to <br /> boring any test holes or drilling any monitor wells. If during the permitted work the <br /> District's engineer determines that a condition exists which poses an unreasonable risk to the <br /> levees or to the persons or property they protect and notifies Permittees of his determination, <br /> then Permittee shall suspend work until the parties have an opportunity to meet and confer. <br /> The parties shall use their best efforts to mitigate the danger while the work proceeds. If, <br /> despite these efforts, the District's engineer remains determined that a condition exists which <br /> poses an unreasonable risk to the levees or to the persons or property they protect despite the <br /> mitigation efforts,the District shall have the right to receive and Permittee,P S Marina <br /> Investors 1, shall provide further reasonable financial assurances to protect the District and <br /> the persons or property protected by the levee in addition to those provided herein. <br /> 9. Permittees shall reimburse Reclamation District#548 for all costs,expenses, <br /> engineering and attorneys fees incurred in relation to this permit and the permitted work <br /> including but not limited to the preparation of this permit, any supervision the District may <br /> reasonably require of the permitted work-and in any claims or controversies arising <br /> therefrom <br /> 10. No work other than permitted work shall be commenced upon the District's <br /> .. levees without a written permit from the District fust obtained. This permit shall not be <br /> amended,in whole or in part,unless upon the written consent of the District fust obtained. <br /> Tom Rosten,District Engineer, is granted the authority of the District to amend this permit <br /> 6" and to issue subsequent.permits on its behalf as referred to herein. <br /> 11. Permittees acknowledge that they are relying solely upon the advice of their <br /> own engineers and geologists in assuming the risks herein and are in no way relying upon <br /> .. any opinions or representations of the District or its engineer. <br /> To date,the following expenses have been incurred by the District relative to the <br /> issuance of this Permit: <br /> District Engineering Fees $ 75.01 <br /> District Legal Expenses $2,810.50 <br /> Further expenses are difficult to estimate. Engineering fees will be charged @ <br /> $55.00/hr. Legal expenses shall be charged @ $150.00 per hour. <br /> If you find the above in order,please obtain the appropriate signatures and return a <br /> 4 <br />