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If the Licensee is required by a government agency to maintain the monitoring well on the
<br /> Property beyond January 31,2014,the License granted herein shall,on notice of such requirement to
<br /> Owner in writing,be extended until 30 days after such requirement ceases.At or before the expiration of
<br /> the License,Licensees shall,at their sole cost and expense,restore Owner's Property to its original
<br /> condition as it existed prior to the installation of the monitoring well on the Property,including removal
<br /> or proper abandonment of the monitoring well in conformity with all applicable regulations,complete and
<br /> proper soil replacement,proper disposal of contaminated soils,soil compaction,and the repair of all
<br /> damage to the concrete or asphalt cover resulting there from.Licensee shall restore and repair removed
<br /> asphalt or concrete pavement with pavement that will match the existing pavement.However,due to
<br /> weathering and discoloration of existing pavement,the new pavement may not exactly match in color the
<br /> existing pavement.Every reasonable effort shall be made to match the existing pavement as closely as
<br /> feasible.
<br /> 2. Compliance with Laws-Licensees shall conduct all of their operations which are
<br /> the subject of this License at their sole expense and in full compliance with all federal,state,and
<br /> municipal statutes and ordinances,and with all regulations,orders,and directives of the appropriate
<br /> governmental agencies.
<br /> 3. Permits-Licensees,at no cost or expense to Owner,shall be responsible for obtaining any
<br /> and all governmental permits and approvals which may be necessary for them to conduct any work or
<br /> activities under this Access Agreement.Owner shall coordinate and cooperate with Licensees in their
<br /> activities to obtain all necessary government permits and permissions.
<br /> 4. Reports-In consideration of the License granted herein,Licensees shall,within thirty(30)
<br /> days of their preparation,provide Owner with a copy of all reports,laboratory test results,monitoring
<br /> results,boring data, location information(coordinates,elevation,depth to water and site map)and
<br /> periodic status reports submitted to CVRWQCB in connection with CVRWQCB Case No.390835 and/or
<br /> relating specifically to any and all activities conducted on the Property. No relevant data will be withheld.
<br /> 5. Liens and Claims-Licensees will not permit any mechanic's,materialmen's,or similar
<br /> liens or claims to stand against the Property for labor or material furnished in connection with any work
<br /> performed by Licensees under this Access Agreement.Upon reasonable and timely notice of any such
<br /> liens or claims delivered to Licensees by Owner,Licensees may bond and contest the validity and the
<br /> amount of such lien(s),but Licensees will immediately pay any judgment rendered in connection
<br /> therewith,will pay all proper costs and charges,and shall have the lien or claim released at its sole
<br /> expense.
<br /> 6. Cooperation-Licensees agree to coordinate their activities with Owner and Owner's
<br /> Tenant to minimize any impairment of access to the Property by employees,customers,or business
<br /> invitees of Owner and/or Tenant,and so as to minimize any inconvenience or disruption to Owner's
<br /> and/or Tenant's business on the Property.
<br /> 7. Indemnitv-Licensees agree that they shall indemnify and hold harmless Owner and
<br /> Tenant and their respective co-trustees,representatives,successors,assigns,shareholders,officers,
<br /> directors,employees,and heirs,as well as their respective invitees from and against any claims,demands,
<br /> actions,suits,fines,judgments,losses,damages,costs or expenses incurred as a result of personal injury,
<br /> property damage,civil penalties or fines proximately caused,in whole or in part,by the acts or omissions
<br /> of Licensees or their authorized contractors,employees,and agents whether or not such acts arise from
<br /> Licensees'negligence,active or passive,when conducting the activities under this Access Agreement.
<br /> This duty of indemnification shall extend beyond the termination of the License granted herein.
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