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Agreement and are further subject to direction from the Indiana Department of Environmental
<br />Management CIDEM").
<br />2. ECC, acting on behalf of Corner, will drill and install the wells and Corner will
<br />ensure that ECC acts at all times in a professional manner in accordance with applicable state laws
<br />and regulations, and keeps interference with the surrounding property(ies) and transportation to
<br />a minimum, as is consistent with such laws and regulations.
<br />3. If any improved or paved property feature is disturbed by the Work, ECC Horizon,
<br />on behalf of Corner, shall restore or cause to be restored, said property to its original state or
<br />better as soon as practical upon the completion of the installation of the wells;
<br />4. The Work to be performed shall not interfere with any existing easement without
<br />the written consent of the owner of said easement;
<br />5. In consideration of the approval of this Agreement by the City, Corner, on behalf of
<br />himself and his contractors (including but not limited to ECC), agents, employees, successors and
<br />assigns, agrees and undertakes to defend, indemnify, and hold harmless the City and its
<br />officials, employees, and agents from any and all claims, liability, losses, costs, damages
<br />or expenses, including reasonable costs and attorney's fees, arising from or related to
<br />the Work performed under this Agreement which the City may suffer.
<br />6. Corner shall, and shall cause ECC, to abide by all applicable laws of the United
<br />States, State of Indiana, and City in performing the Work. Corner shall, or shall cause ECC on
<br />behalf of Corner, to submit for prior approval a traffic control plan prior to obstructing any public
<br />street in the City.
<br />7. The authority granted to Corner (and ECC and its contractors, agents,
<br />consultants and employees) under this Agreement is limited to the scope of Work described
<br />herein, as amended, and as shown on Figure 1 attached hereto and incorporated herein.
<br />8. The soil gas and/or groundwater monitoring wells installed on City property under
<br />this Agreement shall be properly abandoned not later than 10 years from date of installation, unless
<br />otherwise agreed to by the City in writing or as otherwise directed by IDEM. After abandonment
<br />of the wells, Corner shall restore or shall cause to be restored the Property -to its original
<br />state or better within thirty (30) days.
<br />9. Prior to any entry on the Property to perform the Work, Corner shall cause ECC to
<br />deliver to the Clerk of the Board of Public Works a Certificate of Insurance for commercial
<br />general liability insurance, listing the City as an additional insured, which insurance
<br />shall be in an amount not less than One Million Dollars ($1,000,000) aggregate
<br />and One Million Dollars ($1,000,000) per occurrence. Corner has caused ECC to post a
<br />performance bond in the amount of $ 5,000 (i.e., $1,000 per well and gas boring) in connection
<br />with the Work. The amount of the performance bond shall be increased on a $1,000 per well basis
<br />with the subsequent increase of the number of wells installed on the Property.
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