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' AOC Site#:4912 <br /> Acquisition#:5445 <br /> e) The Well shall be installed, maintained, and repaired in a work inanlike <br /> condition and in a manner that is reasonably secure from vandalism and any unauthorized <br /> use,including,without limitation,the installation of secure locking caps. <br /> f) In connection with installation of the Well, Licensee shall employ such <br /> boring and plugging techniques in accordance with applicable requirements of the <br /> appropriate Environmental Agencies, The Well shall be flush-mounted and installed in <br /> conformance with the specifications contained on Exhibit "D," attached hereto and <br /> incorporated herein by reference. <br /> g) Licensee shall not move, remove or demolish any of McDonald's or <br /> Operator's signs, access drives, curbing or other improvements on the Property. If <br /> McDonald's or Operator's future operational or construction needs require the relocation <br /> of one or more of the Well, Licensee shall, if approved by SJCEHD, properly abandon <br /> and/or relocate the Well at a time specified by McDonald's or Operator at no expense to <br /> McDonald's or Operator. <br /> h) Licensee shall separate, by use of cones or other construction safety <br /> barriers, the areas surrounding the location where Licensee performs any Authorized <br /> Activities. Licensee shall not park on or store any construction vehicles, equipment, or <br /> materials on the Property when activities related to the Authorized Activities are not <br /> actively in progress. <br /> i) Licensee shall not unduly disrupt the operation of the McDonald's <br /> restaurant on the Property. While the restaurant is open for business, Licensee shall not: <br /> (1) block more than two parking stalls at any one time; (2) in any manner, block more <br /> than half of any access driveway at any time, maintaining at least one lane open in each <br /> access driveway for vehicular traffic; or (3) perform any work in any drive-thru lane. <br /> Licensee shall complete Well installation between the hours of 2:00 p.m. and 5:00 p.m. <br /> If possible,Licensee shall install any Well with a hand auger. If that is not possible,then <br /> the drilling equipment shall be positioned in the locations identified on Exhibit"B" and <br /> shall be removed from the Property upon completion of the installation of the Well and <br /> within the time period specified above. Other than installation of the Well, Licensee <br /> shall not perform any aspects of the Authorized Activities, such as sample collection, <br /> during the following time periods: 7:00 am through 10:00 am; 11:30 am through 1:00 <br /> pm; and 5:00 pm through 7:00 pm. <br /> j) Licensee shall perform all of the Authorized Activities under this License <br /> and any other activity related to this License at no cost or expense to McDonald's or <br /> Operator and shall not allow any mechanics' or other lien to be placed on the Property <br /> with respect to the Authorized Activities. Should any such lien arise due to the acts or <br /> omissions of Licensee or subcontractors working on behalf of Licensee, Licensee shall, <br /> no later than thirty (30) days from the claim of such lien, fully discharge the lien at no <br /> expense to McDonald's or Operator. Neither McDonald's nor Operator is required to <br /> perform any activity or incur any expense for any purpose under this License except as <br /> otherwise expressly stated herein. <br /> Page 3 of 12 <br />