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7.1.E. - Page 4 <br /> City shall provide three (3) days advance notice of entry onto the Property and shall <br /> provide an opportunity for Regency to observe and, at Regency's election and expense, to <br /> obtain split - samples of any soil or groundwater collected. Such attendance by Regency <br /> shall be optional and Regency is in no way required to have a representative present. The <br /> Work will be deemed completed upon the City's abandonment of the wells pursuant to <br /> Paragraph 7. <br /> 3. The City and its representatives shall conduct and diligently pursue the Work to <br /> completion, and shall comply with all federal laws, state laws, ordinances and regulations <br /> which apply in any manner to the Work. The City shall be responsible for all claims, <br /> damages, costs, expenses, or liabilities which may occur as a result of said wells, <br /> including without limitation any damages to utilities, and Regency's ability to approve <br /> the locations of said wells will not relieve the City from such responsibility for all claims, <br /> damages, costs, expense or liability. The City shall not interfere with the ongoing usage <br /> or operations of the activities or business conducted on the Property. <br /> 4. The City and its representatives agree not to incur any liens against the Property for the <br /> Work performed or materials furnished in furtherance of the Work, or in any way <br /> attributable to the City's acts on the Property. The City agrees to indemnify, defend, and <br /> hold Regency harmless from any such liens and/or claims of liens for the Work <br /> performed, materials furnished, or any other activities under control of the City which, <br /> pursuant to the laws of California, may become a lien on the Property. <br /> 5. If the surface of the Property or any improvements thereon shall be disturbed by the <br /> performance of the Work, then said surface or improvements shall be promptly repaired <br /> restored by the City, at its sole cost, to the same condition which existed just prior to such <br /> disturbance. Said repairs /restoration will be made within fifteen (15) days after the date <br /> such damage /disturbance occurs except that with regard to closure of groundwater wells, <br /> such closure shall occur upon the earlier to occur of (i) thirty (30) days after the City has <br /> concluded its work related to such wells or (ii) no later than thirty (30) days prior to the <br /> termination of this Agreement. The City is responsible for locating utilities in the area <br /> where any wells will be installed. <br /> 6. The City agrees to collect in drums or comparable containers all soil, water and other <br /> substances obtained from the Work. All drums and comparable containers must be <br /> removed from the Property within 5 business days of completion of the Work. The City <br /> shall dispose of all soils, waters and other materials generated as a result of or used in <br /> connection with the Work at its sole cost and expense, and in compliance with law, and <br /> shall be listed as the "generator" on all disposal manifests prepared in connection with the <br /> removal and disposal of such material or substances generated as part of the City's Work. <br /> 7. On completion of the Work, the City shall backfill and/or close all wells at its sole cost <br /> and expense, in accordance with all applicable laws, ordinances and regulations, <br /> including but not limited to the requirements of the Agency. <br /> 8. The City agrees to indemnify, reimburse, defend, and save Regency and its partners, <br /> directors, shareholders, members, officers, employees, subsidiaries, affiliated companies, <br /> ATTY /AGR /2014.164 /REGENCY- GENERAL SEQUOIA STATION ACCESS AGREEMENT <br /> REV: 09 -04 -14 MLG <br /> Page 2 of 5 <br />