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. Page 2 of 2 2.5 Grantee shall indemnify, defend, and save Grantor harmless from all liability, damage, expense, causes of action, suits, claims, or judgments, including reasonable attorneys fees, resulting from injuries to persons or damage to property on the Property or on adjoining streets and sidewalks which arise out of the negligence of Grantee, its agents, employees, invitees, or guests in performing the Work under this Agreement. 2.6 This Agreement may be terminated upon the completion of the Work and the backfilling or closing out of Boreholes or Wells as provided herein. 2.7 Grantee shall use its best efforts to locate the Boreholes or Wells in a manner so as not to unreasonably interfere with Grantor's use and occupation of the Property. Grantor, its ' employees, invitees, and authorized representatives shall not unreasonably interfere or tamper with the Wells, Boreholes and Grantee's performance of the work and, furthermore, shall exercise reasonable care with regard to the Wells, Boreholes and Grantee's performance of the Work. 2.8 This agreement shall only be assigned upon the prior written consent of both parties hereto. Furthermore, this Agreement shall bind and inure to the benefit of successors and assigns of the parties hereto. 2.9 By executing this Agreement, or conducting any of the Work thereunder, neither Grantor not Grantee waives any rights either may have against any person or entity in connection with any contamination such as may actually or allegedly exist at, or in the vicinity of, the Property. 2.10 Neither this Agreement nor any of the Work in furtherance of it shall constitute or be interpreted or construed as an admission by Grantee of liability or fault under any federal, state, or local law, or for any purpose whatsoever. IN WITNESS WHEREOF, the parties hereto are authorized to and have executed this Agreement as of the day and year first above written. ARCO PRODUCTS COMPANY, a division of Atlantic Richfield Company PHOENIX LODGE By: By: Name: Name: Title: Title: WITNESS WITNESS By: By: Name: Name: M0 195&\2670CDRRFSA2576-0k.L-k - QMS-P52200