Agmt12 Hunter/Storm Right of Entry Block 2

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(c) Costs. Buyer shall bear the entire cost of all Studies performed by Buyer or at Buyer's direction. 2. Notice. Buyer shall, at least one (1) business day (but in no event less than twenty-four (24) hours) prior to entry onto the Property, provide written notice to the City Engineer, Peter Vorametsanti, by electronic mail at pvorametsanti(a�redwoodcity.org, of its intention to enter the Property to have its contractars begin the contemplated Studies. The notice shall expressly inform the City Engineer when Buyer needs access to the Property 3. Permits and Compliance with Law. Buyer and/or its contractors shall conduct the Studies in accordance with all applicable federal, state, and local laws, regulations, standards, directives, guidelines, and judicial and administrative orders and decrees (collectively, "Laws") currently existing and as may be amended, enacted, issued, or adopted, prior to conducting the Studies, and shall obtain and maintain, at its sole cost and expense, all governmental permits and authorizations required by any governmental authority for the Studies and all activities associated therewith, or any other activity of Buyer on the Property. Buyer shall provide copies of all such permits to City prior to performing the Studies. 4. Assum�tion of Risk. Each person entering upon the Property under this Agreement shall do so at his, her or its own risk. On behalf of itself and its agents, representatives, assigns, heirs, spouses, successors-in-interest, executors, administrators, employees, contractors and subcontractors ("Releasors"), Buyer assumes all risk of entering the Property and agrees that City, and its officers, agents, representatives, volunteers and employees are released and shall not be liable in any manner for harm, injury or death of Releasors or for damage to property of Releasors caused by Buyer entry upon the Property under this Agreement and whether occurring on or after the date of this Agreement. This release applies to all potential future claims and Buyer on behalf of itself and the Releasors agrees to waive any and all rights pursuant to Section 1542 of the California Civil Code, as follows: "A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 5. Restoration. In the event that Buyer causes any damage to any portion of the Property or any adjacent properties or the existing improvements thereon, Buyer, at its expense, shall promptly restore the Property, adjacent properties and existing improvements thereon as nearly as possible to the physical condition existing immediately prior to Buyer's entry onto the Property. 6. Insurance. Prior to conducting any Studies on the Property, and throughout the duration of this Agreement, Buyer shall provide to City evidence of insurance coverage acceptable to City to protect City and Buyer from damages and losses that may arise from such preliminary work, as follows. (a) Minimum Insurance. Buyer shall procure and maintain the following insurance: ATTY/AGR/2012.102/RIGHT OF ENTRY(LICENSE)FOR HUNTERSTORM REV:08-27-12 VR Page 2 of 7