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4.6. Licensor Approval of Work. Licensee has submitted to Licensor a written <br /> copy of Licensee's work plan for Licensor's review.This work plan consisting <br /> of pages 25,26,27,28,29,30,and 31 and Figure 19(together,"Work Plan") <br /> attached as Exhibit C,being part of the Phase I Groundwater Investigation <br /> Report and Work Plan for Phase II Investigation prepared by Kennedy/Jenks <br /> Consultants("Consultant's Report"),is hereby approved by Licensor. Any <br /> changes to the Work Plan must be approved in writing by Licensor prior to the <br /> implementation of such changes. Licensee represents and warrants that(i)all <br /> work to be performed by or on behalf of Licensee under this Agreement is fully <br /> described in the Work Plan,and(ii)no such work is described in any portion <br /> of the Consultant's Report other than those pages thereof that comprise the <br /> Work Plan. <br /> 4.7. Permits. Licensee,at no expense to Licensor,will obtain any and all <br /> governmental permits and approvals which may be necessary for it to conduct <br /> any work or activities under this Agreement. <br /> i <br /> 4.8. Liens and Claims. Licensee will not permit any mechanic's, materialmen's or <br /> other similar liens or claims to stand against the Subject Property for labor or <br /> material furnished in connection with any work performed by Licensee under <br /> this Agreement. Licensee may bond and contest the validity and the amount of <br /> such lien,but Licensee will immediately pay any judgment rendered,will pay <br /> all proper costs and charges,and will have the lien released at its sole expense. <br /> 4.9. Notice of Nonresponsibility. Before any work is begun by Licensee under <br /> this Agreement, Licensee will notify Licensor of the date upon which work is <br /> scheduled in time for Licensor to record and post a Notice of Nonresponsibility <br /> for the benefit of Licensor. <br /> 4.10. Cooperation. Licensee will coordinate its activities with Licensor to minimize <br /> any impairment of access by customers and other business invitees to the <br /> Subject Property and any inconvenience to or interruption of the conduct of <br /> Licensofs business on the Subject Property. Specifically,no work will be done <br /> on a Saturday or Sunday. For the period of the installation of the wells only, <br /> working hours on Monday through Friday shall be as approved in advance by <br /> Dave Fabela of Licensor. After the period of well.installation,all work will be <br /> done on Monday through Friday,between the hours of 4:00 PM to 7:00 PM <br /> California time. <br /> 4.11. Indemnity. Licensee will defend and indemnify Licensor from and against <br /> any and all claims,demands,actions, suits,judgments,losses, damages,costs <br /> or expenses incurred as a result of personal injury,property damage,civil <br /> penalties,fines or cleanup costs,including settlement costs and attorneys'fees, <br /> proximately caused in whole or in part by the acts or omissions of Licensee or <br /> its authorized contractors,employees and agents in conducting its activities <br /> under this Agreement,except to the extent such personal injury or property <br /> damage is proximately caused by the act or omission of Licensor, its agents, <br /> employees or representatives. <br /> access agr 2 3 May 16,2008 <br /> #6530 (Groundwater Monitoring Wells) Tracy,CA DC <br />