Agmt21 Safeway Inc. License and Agreement

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soil or groundwater collected. Such attendance by Safeway shall be optional and Safeway is in no way required to have a representative present All such notices shall be given by the City to Safeway using one of the approved forms of delivery pursuant to the last paragraph of this Agreement and by email to the following Natalie.matteikalbertsons.com, dean. fredricksonkalbertsons.com and marilyn.beardsleykalbertsons.com. 4. The City and its representatives shall safely conduct and diligently pursue the Work to completion, and shall comply with all federal laws, state laws, ordinance and regulations which apply in any manner to the Work. The City shall be responsible for all claims, damages, costs, expenses, or liabilities which may occur as a result of the Work, including without limitation any damages to utilities, and Safeway's ability to approve the locations of said wells will not relieve the City from such responsibility for all claims, damages, costs, expense or liability. The City shall not interfere with the ongoing usage or operations of the activities or business conducted on the Property or at the shopping center of which the Property is a part, including without limitation, vehicular access both to and from the shopping center and on the drive aisles or common areas located within the shopping center. The City and its representatives agree not to incur any liens against the Property or any of the other tracts of land comprising the shopping center of which the Property is a part for the Work performed or materials furnished in furtherance of the Work, or in any way attributable to the City's acts on or about the Property. The City agrees to indemnify, defend, and hold Safeway harmless from any such liens and/or claims of liens for the Work performed, materials furnished, or any other activities under control of the City which, pursuant to the laws of California, may become a lien on the Property or on any of the other tracts of land comprising the shopping center of which the Property is a part. 6. If the surface of the Property or any improvements thereon (including without limitation asphalt, utilities, striping, lighting, signage, and landscaping) shall be disturbed by the performance of the Work, then said surface or improvements shall be promptly repaired/restored by the City, at its sole cost, to the same condition which existed just prior to such disturbance. Said repairs/restoration will be made promptly after the date such damage/disturbance occurs except that regarding closure of groundwater wells, such closure shall occur upon the earlier to occur of (i) thirty (30) days after the City has concluded its work related to such wells or (ii) no later than thirty (30) days prior to the termination of this Agreement. The City is responsible for locating utilities in the area where any wells will be installed. The City is further responsible for all costs and damage incurred by Safeway as a result of any damage to REV: 05-07-2021 MI ATTY/AGR.2021.101/Safeway Inc. (Page 3 of 11)