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on the date of this Agreement. This Agreement does not allow Licensees to — <br /> construct any new Facility on the Subject Property without the prior written — <br /> consent of the Licensor which consent can be granted or withheld in the sole <br /> discretion of Licensor. If a Facility is to be abandoned or closed under permit and <br /> with the consent of Licensor, Licensees shall notify Licensor in advance of the <br /> work and apply for, obtain from the agency with jurisdiction, and complete the <br /> work according to the terms of the permit. Licensees agree that they shall <br /> properly abandon or close all of the monitoring wells or other borings that have <br /> been installed on the Subject Property after obtaining all required permits and <br /> authorization when the need to monitor such wells or borings ceases but in no <br /> event later than twenty(20)years from the date of this Agreement. <br /> 9. This Agreement shall be binding upon and shall inure to the benefit of the heirs, <br /> successors and assigns of the parties. <br /> 10. The undersigned represent and warrant they each have the full power,right and <br /> authority to enter into this Agreement. <br /> 11. By entering into this Agreement none of the Parties admit any liability or <br /> responsibility for any contamination or other environmental condition of the <br /> Subject Property, and neither this agreement nor the activities conducted by <br /> Licensees' consultant and its agents and contractors may be construed as such an <br /> admission in any court or legal proceeding. <br /> 12. The rights and obligations under paragraphs 6, 8,and 12,shall survive <br /> termination of this Agreement. <br /> 5 262055.1 <br />