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AOC Site#:4912 Acquisition#.5445 1. License Grant. Subject to the terms of this License, McDonald's and Operator hereby grant to Licensee, its employees, representatives and contractors a revocable, non- exclusive license (the"License") to enter upon the portions of the Property, as necessary, for the purposes of the Authorized Activities, as further described in the Work Plan attached hereto and incorporated herein by reference as Exhibit"C." 2. Licensee's Work Under This License. Licensee, at no expense to McDonald's or Operator, agrees as follows: a) Licensee shall perform the Authorized Activities on the Property in a good and workmanlike manner. Licensee shall exercise its rights and perform the Authorized Activities under this License in compliance with all applicable laws, rules, regulations, ordinances, and guidance documents of any governmental agency with authority over the Authorized Activities, including the applicable environmental agency, "SJCEHD", (collectively, "Environmental Agencies"). b) Licensee shall give written notice to McDonald's and Operator at least five (5) days prior to each entry onto the Property for the purpose of conducting the Authorized Activities, which notice shall specify the work to be performed, the date(s) when the work will be initiated, and an estimated date of completion. McDonald's shall have the right, at its expense, to take split samples during any sampling event by Licensee. c) Immediately upon completion of any Authorized Activities on the Property, Licensee shall restore the surface of the areas that were disturbed to the same condition, as is reasonably possible, as existed before the work commenced and to a safe condition, and shall remove all of its equipment, tools, debris, and investigation-derived waste. Licensee shall execute all manifests and other documentation associated with removal of waste residuals generated and removed from the Property and shall select the disposal facility for such wastes. If any damage occurs to the Property or any improvements thereon arising out of, related to, or as a consequence of any of the Authorized Activities by Licensee on the Property or Licensee's use of and operation on the Property,McDonald's will notify Licensee in writing of the damage within 30 days of any such damage. Unless otherwise agreed by McDonald's, Licensee will repair the damage (or commence and diligently pursue repairing the damage) within thirty (30) days after receipt of McDonald's notice or McDonald's may, in its discretion, repair any such damage at Licensee's cost, in which event Licensee shall reimburse McDonald's for such costs,plus an administrative fee of twenty percent(20%) of such costs, within thitty (30)business days after receipt of an invoice from McDonald's. d) Licensee shall contact the appropriate Environmental Agencies or other similar organization(s) with jurisdiction over the Property in accordance with relevant law prior to commencing any subsurface activity as part of the Authorized Activities under this License. Neither McDonald's nor Operator makes any representation or warranty regarding the presence or absence of utilities in any given location on the Property, notwithstanding Licensee's selection and identification of the location for the Well as shown on Exhibit`B." Page 2 of 12