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4. ARTICLE IV. TERMS.
<br /> 4.1. Grant of License. Licensor grants to Licensee,its employees,representatives
<br /> and contractors,a non-exclusive license("License"),on no less than twenty-
<br /> four(24)hours' prior notice(can be telephonic to Dave Fabela at(209)
<br /> 833.4711)to enter upon the Subject Property to perform the Testing. The
<br /> License commences on April 28,2008,and ends on April 27, 2013,unless the
<br /> Parties agree in writing to extend the term of the License.
<br /> I
<br /> Notwithstanding anything to the contrary contained in this Agreement,
<br /> including without limitation this Section 4.1,on and after April 27,2009,
<br /> Licensor shall have the right to terminate this Agreement on no less than thirty
<br /> (30)days' written notice to Licensee.
<br /> 4.2. Compliance With Laws. Licensee will conduct the Testing in compliance
<br /> with all federal,state and municipal statutes and ordinances, and with.all
<br /> regulations,orders, and directives of appropriate governmental agencies, as
<br /> such statutes, ordinances,regulations, orders,and directives now exist or may
<br /> hereafter provide.
<br /> 4.3. Responsibility for Expenses. Licensee will inform Consultant that it is
<br /> employed by both Licensee and Licensor. Notwithstanding the foregoing,
<br /> Licensee alone is responsible for the cost and expense of the Testing (including
<br /> j without limitation all of Consultant's fees)and for the cost and expense of
<br /> restoring or repairing the Subject Property as provided in Section 4.4 of this
<br /> Agreement.
<br /> 4.4. Restoration of Property. After performing the Testing, and prior to
<br /> expiration of the License,Licensee will(i) remove all of its equipment from
<br /> the Subject Property,(ii)fill and level all holes caused by the Testing,(iii)
<br /> remove all resulting debris, (iv)dismantle and remove the well heads and all
<br /> related apparatus,(v)close the wells in strict compliance with the regulations
<br /> of the San Joaquin County Department of Environmental Health and all
<br /> federal,state and municipal statutes and ordinances,and with all regulations,
<br /> orders,and directives of appropriate governmental agencies,as such statutes,
<br /> ordinances,regulations,orders,and directives now exist or may hereafter
<br /> provide,(vi)restore the surface of the Subject Property as nearly as possible to
<br /> its original condition within the term of this Agreement to the satisfaction of
<br /> Licensor.Licensee will properly abandon any monitoring wells,borings,or
<br /> other subsurface features that were installed as part of the Testing,in
<br /> accordance with all federal,state,and local laws,regulations, and ordinances.
<br /> 4.5. Investigation-Derived Waste. Licensee will remove all waste generated as a
<br /> result of the Testing from the Subject Property and will properly dispose of the
<br /> waste. Licensee is considered the generator of any waste. Licensee will defend
<br /> and indemnify Licensor against any claim that Licensor owned or generated the
<br /> waste. Licensee will complete a hazardous waste manifest, identifying itself as
<br /> the generator of the waste, if the waste is considered hazardous under state or
<br /> federal law.
<br /> access agr 2 2 May 16,2008
<br /> #6530 (Groundwater Monitoring Wells) Tracy,CA DC
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