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groundwater monitoring wells or injection nodes (as further specified in Exhibit B). <br />Notwithstanding such review and approval, Safeway makes no representations or <br />warranties of any kind or nature regarding the suitability or condition of the Property or <br />the areas designated by the City for the performance of the Work. The rights of the City <br />as established herein shall not constitute an easement or other interest in the Property <br />except a non-exclusive license terminable in accordance with these provisions, and the <br />license is not coupled with an interest. The City and its contractors shall not park or store <br />their vehicles or equipment on the Property or on any of the other tracts of land <br />comprising the shopping center of which the Property is a part. There is reserved to <br />Safeway the right and privilege to use the Property at any time, in any manner, and for <br />any purpose not inconsistent with the full use and enjoyment by the City of the express <br />rights granted herein. <br />2. Notwithstanding anything stated in Exhibit B to the contrary, the City agrees that the two <br />exclusion zones which are located on the Property (illustrated on Exhibit B as the areas <br />marked off with a red box within the shaded area located closest to EI Camino Real) shall <br />be closed off at different times (i.e., only one (1) exclusion zone shall be closed off at a <br />time) and for not more than four (4) consecutive days each for the purpose ofin' ni,,,ii„g <br />the impacts on Safeway's business operations and its customer parking and access. In the <br />event of any conflict between the terms of this Agreement and the terms of the attached <br />Exhibit B, the terms of this Agreement shall govern and control. The City hereby <br />acknowledges that the third exclusion zone (which is illustrated on Exhibit B as the area <br />marked off with a red box within the shaded area located closest to the shopping center <br />entrance off of Jefferson Avenue) is located on property which is not owned by Safeway <br />and the City shall obtain all necessary approvals from the property owner of such <br />property for the performance of its environmental testing activities. <br />3. The Work shall be conducted at the City's sole cost and expense. The City shall timely <br />provide to Safeway true and correct copies of all data, reports, test results and site <br />assessment information obtained pursuant to the Work and submitted to the Agency. The <br />City shall provide three (3) days advance notice of entry onto the Property and shall <br />provide an opportunity for Safeway to observe and, at Safeway's election and expense, to <br />obtain split -samples of any soil or groundwater collected Such attendance by Safeway <br />shall be optional and Safeway is in no way required to have a representative present. All <br />such notices shall be given by the City to Safeway using one of the approved forms of <br />delivery pursuant to the last paragraph of this Agreement and by email to the following: <br />kevin.anestenbereer(@,safeway.com, tara.emervnasafeway.com, and Dean.Fredrickson <br />&,,albertsons.com. <br />4. The City and its representatives shall safely conduct and diligently pursue the Work to <br />completion, and shall comply with all federal laws, state laws, ordinance 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 the Work, <br />including without limitation any damages to utilities, and Safeway's ability to approve <br />the locations of said wells will not relieve the City from such responsibility for all claims, <br />Page 2 of 10 <br />REV: 10-18.17 MI <br />ArMAGR.2017.235/8afeway. Inc. - Access Agreement <br />