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6.C. - Page 102 of 147 <br />prior to accessing either property to initiate any activities authorized by this Agreement; <br />provided, however, that in the event the District requests access to the Cargill Property or Cargill <br />Point Property in order to perform emergency operations, maintenance and/or repairs, as <br />reasonably determined by the District ("Emergency"), the District shall provide the designated <br />contacts for Cargill and Cargill Point with immediate notice by phone, followed by written <br />notice within twenty-four (24) hours thereafter. Access to the Cargill Property and Cargill Point <br />Property will be permitted only during normal business hours or as otherwise agreed in writing <br />between the Parties, or except in the event of an Emergency as described above, and will not <br />unreasonably interfere with Cargill operations and Cargill Point Operations at the Cargill <br />Property and Cargill Point Property, respectively. The District agrees to provide Cargill and <br />Cargill Point with a copy of all information, analytical results, final reports and data resulting <br />from activities authorized by this Agreement upon written request, provided, however, that a <br />Grantee Agency may withhold any requested records which are subject to the attorney-client <br />privilege and/or attorney work product doctrine. The District agrees that it and its employees, <br />agents, licensees, invitees, and contractors shall present proper credentials when seeking access <br />to the Cargill Property or Cargill Point Property for any activity authorized by this Agreement, <br />and shall perform all work on the Cargill Property and Cargill Point Property in a professional <br />and workmanlike manner in accordance with all applicable industry standards and safety <br />requirements and environmental laws and regulations for similar work and in compliance with <br />Cargill's safety requirements attached hereto as Exhibit "E", which may be updated in writing <br />by Cargill. Cargill shall provide notice of any such updated safety requirements to the District, <br />and such requirements shall be consistent with prevailing industry standards for such safety <br />requirements and to the extent there is any inconsistency between such requirements and this <br />Agreement, this Agreement shall prevail. The District further agrees that, except in the case of <br />an Emergency as defined above, Cargill may stop the District from performing some or all <br />activities authorized by this Agreement on the Cargill Property or Cargill Point Property and/or <br />limit access to the Cargill Property or Cargill Point Property to any person in the event of the <br />District's material breach of this Agreement, including the material breach of the requirements of <br />this Section 4, unless and until such material breach has been cured. Notwithstanding anything <br />to the contrary in this Agreement, the District will not permit access to any third party (i.e., other <br />than the District's employees and/or authorized agents, contractors and subcontractors as are <br />necessary in connection with the activities authorized by this Agreement) to the Cargill Property <br />or Cargill Point Property, except as otherwise agreed to in writing by Cargill and Cargill Point. <br />Cargill and Cargill Point may establish and impose rules and regulations for the use of the <br />Cargill Property and Cargill Point Property, respectively, for vehicular and/or pedestrian access <br />from time to time which are reasonably acceptable to the District, including signage, traffic <br />controls and checkpoints, to confirm such use is only for the purposes granted in this Agreement <br />and to prevent use of the Cargill Property and Cargill Point Property by unauthorized Parties. <br />The terms of this Section 4 are collectively referred to in this Agreement as the "Access <br />Protocols." <br />5. Disclaimer. The District agrees that neither Cargill nor Cargill Point will be <br />responsible for any loss or theft of, or damage to, any parts, equipment or other property stored <br />or left on the Cargill Property or Cargill Point Property by the District or its respective agents, <br />employees, representatives, contractors and invitees. The District further agrees that, except as <br />otherwise provided in this Agreement, Cargill and Cargill Point will not be responsible for any <br />loss or injury to life or person suffered by the District, its respective employees, agents, <br />2 <br />195 <br />