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Subject Property (together, "Work Plans"). Licensor hereby approves the Work Plans prepared by Subsurface Consultants, Inc., for the City of Redwood City, titled "Work Plan, Solvent Plume Investigation, Vicinity of Sequoia Station Shopping Center, Redwood City, California," dated January 31, 2001, Job No. SCI 845.014, consisting of page 1 through and including page 9 ("Approved Work Plans"). There shall be no Testing other than that described in the Approved Work Plans without Licensor's prior written consent, except to the extent that slight adjustments are necessary due to in-field conditions. Additionally, there shall be no installation of any wells on the Subject Property without the prior \Hitten consent of Licensor, and nothing contained in this Agreement, including without limitation Licensor's approval of the Approved Work Plans, shall be construed as Licensor's consent to the installation of any wells on the Subject Property. 4.8 Permits. Licensee, at no expense to Licensor, shall be responsible for obtaining any and all governmental permits and approvals which may be necessary for it to conduct any work or activities under this Agreement. 4.9 Liens and Claims. Licensee shall not permit any mechanic's, materialmen's or other similar liens or claims to stand against the Subject Property for labor or material furnished in connection with any work performed by Licensee under this Agreement. Licensee may bond and contest the validity and the amount of such lien, but Licensee will immediately pay any judgment rendered, will pay all proper costs and charges, and will have the lien released at its sole expense. 4.10 Notice of N onresponsibility. Before any work is begun by Licensee under this Agreement, Licensee shall record and post a Notice ofNonresponsibility for the benefit of Licensor. 4.11 Cooperation. Licensee agrees to coordinate its activities with Licensor to minimize any impairment of access by customers and other business invitees to the Subject Property and any inconvenience to or interruption of the conduct of Licensor's business or the business of Licensor's tenants and its and their invitees on the Subject Property. Specifically, no work will be done on a Friday, or Saturday, or Sunday or Monday. Notwithstanding an)'1hing to the contrary contained in this License, Licensor specifically reserves the right to limit the hours and days during which work in particular areas of the Subject Property may be performed, and Licensor shall have the right to impose such restrictions at any time during the term of this License, provided that Licensor's limitations and restrictions are imposed in Licensor's reasonable business judgment; Licensee agrees that Licensor shall have the right to prohibit any activities on the Subject Property during the following periods: November IS-January 1; the week before the Easter; the week of Passover; and the Memorial Day and Labor Day weekends. 4.12 Ongoing Business Operations. Licensee shall use, and cause Consultant to use its and their best efforts to ensure continuous pedestrian and vehicular access to and from the Subject Property, continuous visibility of the retail spaces on the Subject Property, and continuous access to the maximum number of parking spaces on the Subject Property. Licensee shall store no Waste on the Subject Property except that Licensee shall have the right to store no more than six (6) 55-gallon drums of Waste in one (I) parking space on the Subject Property designated by Licensor on Exhibit "A" as the "Waste Storage Area," and shall remove all Waste from the Waste Storage Area on Thursday of each week during which such Waste is generated. In no event shall any Waste remain in the Waste Storage Area later than the last day of the week that Licensee is permitted to work on the Subject Property pursuant to the terms of this Agreement. Except as expressly provided in the immediately preceding sentence, Licensee shall store no material or equipment on the Subject Property. All work commenced by Licensee shall be completed as expeditiously as possible after it is commenced. Licensee shall keep all noise, smoke, debris and all other consequences of the Testing to an absolute minimum. 5400 SEQ. ST,-\ EX 2 PDA FACILITY No. 5400 PAGE3 MAY 12,2003 RED\\'OOD CrTY. CA