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3. Term. SJRRC shall complete the Work within the timeframes stated in Section <br /> B, or within such longer period as may be mutually agreed upon by the Parties in writing. <br /> 4. Restoration of Property. SJRRC, at no cost to Grantor, shall repair any damage <br /> to and/or restore the Property to substantially its condition prior to the Work if and to the extent <br /> the need for such repair or restoration is caused by the Work authorized under this Agreement. <br /> 5. Compliance with Laws. SJRRC shall obtain and maintain all permits and <br /> approvals required for the Work and shall comply with all laws now in effect or that become <br /> effective during the term of this Agreement. <br /> 6. Indemnification. SJRRC hereby agrees that it shall indemnify, defend and save <br /> harmless Grantor, including but not limited to Grantor's officers, directors, employees, and <br /> agents (collectively, "Indemnitees") for any and all claims and losses arising out of(a) any <br /> breach of this License by SJRRC; (b) any negligent or wrongful acts or omissions of Permittees <br /> in connection with the Work; and (c)personal injury, bodily injury or property damage resulting <br /> from the negligence or willful misconduct of Permittees in connection with the Work <br /> (collectively, "Claims"). SJRRC's obligation to indemnify, defend, and save harmless <br /> Indemnitees shall apply regardless of any active and/or passive negligent act or omission of an <br /> Indemnitee, but SJRRC shall not be obligated to provide indemnity or defense for an Indemnitee <br /> to the extent any claims arise out of the sole negligence or willful misconduct of an Indemnitee. <br /> The indemnification obligations of SJRRC set forth in this Section shall survive any termination <br /> of this Agreement. <br /> 7. Assignment. SJRRC shall not assign or otherwise transfer any rights under this <br /> Agreement and any purported assignment or transfer shall automatically revoke the Agreement. <br /> 8. Notice. SJRRC shall provide notice to Grantor by telephone and by e-mail at <br /> least two (2) business days prior to each date that SJRRC intends to gain access to the Property. <br /> This and any other notices or communications of any kind related to this Agreement, shall be <br /> provided to the following: <br /> SJRRC: Stacey Mortensen <br /> San Joaquin Regional Rail Commission <br /> 949 E. Channel St. <br /> Stockton, CA 95202 <br /> Phone: 209-944-6221 <br /> Email: Stacey@,,acerail.com <br /> GRANTOR: Mary Jane and J lian Jr. Sepulveda <br /> hone: a ®/per <br /> Email: L `kw <br /> 9. Rights Limited. This Agreement shall not be construed to grant any real <br /> property or other rights to SJRRC or Permittees in the Property. <br /> 2 <br /> OAK#4890-7005-8760 Q <br />