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<br />2.5 Hazardous Materials. As used in this Agreement, the term "Hazardous Materials" shall
<br />mean any hazardous or toxic substance, material or waste, including without limitation petroleum oil and
<br />its fractions as defined by any federal, state or local law, regulation or ordinance.
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<br />3.
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<br />CONSIDERATION.
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<br />3.1 In consideration of the foregoing Recitals, and the mutual obligations, representations
<br />and promises contained in this Agreement, the Parties agree as follows:
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<br />4.
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<br />TERMS.
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<br />4.1 Grant of License. Licensor grants to Licensee, Consultant, and each of their respective
<br />employees, representatives and contractors, a non-exclusive license ("License") to enter upon the Subject
<br />Property from time to time to install, sample, repair, and close the borings or means used for the Testing
<br />and to perform such other work as may be required pursuant to this Agreement. The License shall
<br />commence on the date hereof and shall end on ~ fL., 2004 unless the Parties agree in \Hiting to
<br />extend the term of the License. j"ØC<
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<br />4.2 Compliance With Laws. Licensee shall install, sample, maintain, repair, operate and
<br />close any installation related to the Testing in compliance with all federal, state and municipal statutes
<br />and ordinances, and with all regulations, orders, and directives of appropriate governmental agencies, as
<br />such statutes, ordinances, regulations, orders, and directives now exist or may hereafter provide.
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<br />4.3 Prior Notice of Testing. Licensee and/or Consultant shall give Licensor at least five (5)
<br />working days' written notice before each entry onto the Subject Property for the purpose of the Testing
<br />and/or sampling. Written notice for the purpose of this Section 4.3 only shall be by facsimile or e-mail.
<br />Licensor shall have the right to observe, or to cause its consultant to observe, all Testing and sampling.
<br />Licensee shall allow Licensor's consultant to take a split or duplicate of any sample taken pursuant to
<br />this Agreement.
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<br />4.4 Responsibility for Expenses. Licensee shall be solely responsible for the cost and
<br />expense of the Testing and for the cost and expense of restoring or repairing the Subject Property as
<br />provided in Section 4.5 of this Agreement.
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<br />4.5 Restoration of Property. After the Testing, Licensee shall remove all equipment placed
<br />on the Subject Property other than equipment called for under this Agreement, fill and level all ditches,
<br />ruts, and depressions caused by the installation, maintenance, repair or replacement operations, and
<br />remove all debris resulting therefrom; and shall restore the surface of the Subject Property as near to its
<br />condition existing immediately prior to Licensee's entry on the Property as possible within two (2) weeks
<br />after the completion of any such installation, maintenance, repair or replacement of closure work.
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<br />4.6 Investigation-Derived Waste. Licensee will remove all waste generated as a result of
<br />the Testing from the Subject Property ("Waste") and will properly dispose of the Waste. Licensee is
<br />considered the generator of the Waste. Licensee will defend and indemnify Licensor against any claim
<br />that Licensor owned or generated the Waste. Licensee will complete a hazardous waste manifest,
<br />identifying itself as the generator of the Waste, if the Waste is considered hazardous under state or
<br />federal law.
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<br />4.7 Licensor Approval of Work. Licensee has submitted to Licensor for Licensor's review
<br />and approval a copy of Licensee's work plans, specifications and design, including without limitation a
<br />site plan showing the proposed location of all drilling, boring and other invasive testing to occur on the
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<br />5400 SEQ. STA EX 2 PAGE 2 M,\ y 12,2003
<br />PDA F.-\CILITY No. 5400 REDWOOD CITY, CA
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