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JMB:3/16/18 Ver. 1 <br /> <br />3.2 Licensee agrees not to permit any liens to stand against the Property for Work done <br />or materials furnished to Licensee, and Licensee agrees to indemnify and hold <br />Licensor hamiless from any such liens for Work performed under this License <br />Agreement. <br /> <br />3.3 If the surface of the Property or any improvements thereon shall be disturbed by the <br />emplacement of Licensee's Borehole or Well, then, upon completion of Work <br />thereunder, said surface or improvements shall be promptly restored by Licensee to <br />its condition just prior to such disturbance. <br />3.4 Licensee shall, after the Borehole/Well is no longer useful to the investigation, <br />backfill or close out such Borehole/Well according to applicable standards. <br /> <br />3.5 Licensee agrees to indemnify, defend, and save Licensor harmless from all liability, <br />damage, expense, causes of action, suits, claims, or judgments, including <br />reasonable attorneys fees, resulting from injuries to persons or damage to property <br />on the Property or on adjoining streets and sidewalks which arise out of the act, <br />failure to act, or negligence of Licensee, its agents, employees, invitees, or guests in <br />performing Work under this License Agreement. <br />3.6 This License Agreement may be terminated by either party upon thirty (30) days <br />prior written notice. <br />3.7 Licensee shall use its best efforts to locate the Borehole/Well in a manner so as not <br />to unreasonably interfere with Licensor's use and occupation of the Property. <br />3.8 By executing this Agreement, or conducting any Work thereunder, Licensee does <br />not waive any rights it may have against any other person or entity in connection <br />with any contamination such as may actually or allegedly exist at or in the vicinity <br />of the Property. <br />3.9 Neither this Agreement nor any Work thereunder shall constitute or be interpreted or <br />construed as an admission by Licensee of liability or fault under any federal, state, <br />or local law, or for any purpose whatsoever. <br />3.10 Notwithstanding anything contained herein to the contrary, Licensor's permission <br />herein is conditioned upon the following: <br />a. The access is non-exclusive, temporary and only for the purpose set forth in <br />this License Agreement. Licensee shall give no less than ten (10) days prior notice of <br />actual entry accompanied by evidence that prior subsurface utility clearance of the <br />proposed monitoring well site has been obtained in order to avoid areas where <br />underground utilities may be located. Additionally, Licensee shall obtain all applicable <br />governmentally required permits and shall provide copies of same to Licensor upon <br />request. <br />-2-