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subject to direction from the Indiana Department of Environmental Management ("IDEM").
<br />2. Woodard & Curran, acting on behalf of Honeywell, will advance the borings and
<br />conduct the injection activities in a professional manner in accordance with applicable state laws
<br />and regulations, and shall keep interference with the surrounding property and transportation to a
<br />minimum, as is consistent with such standards.
<br />3. If any improved or paved property is disturbed by the Work, Honeywell shall restore
<br />or cause to be restored said property to its original state or better as practical upon the completion
<br />of the pilot study activities.
<br />4. The work to be performed shall not interfere with any existing easement without
<br />the consent of the owner of said easement.
<br />5. In consideration for the approval of this Agreement by the City, Honeywell, on
<br />behalf of itself and its contractors (including but not limited to Woodard & Curran), agents,
<br />employees, successors and assigns, agrees and undertakes to defend, indemnify, and hold
<br />harmless the City its officials, employees, and agents from any and all claims, liability, losses,
<br />costs, damages or expenses, including reasonable costs and attorney's fees, arising from or related
<br />to the Work performed under this Agreement which the City may suffer.
<br />6. Honeywell shall, and shall cause Woodard & Curran to, abide by all applicable laws
<br />of the United States, State of Indiana, and the City in performing the Work. Honeywell shall, or
<br />shall cause Woodard & Curran on its behalf, to submit for prior approval a traffic control plan prior
<br />to obstructing any public street in the City.
<br />7. The authority granted to Honeywell, its contractor Woodard & Curran, any
<br />other agents, consultants and employees, under this Agreement is limited to the scope of
<br />work described herein, as shown on Figure 1 attached hereto and incorporated herein.
<br />8. The borings associated with the pilot study activities shall be properly
<br />abandoned not later than one year after a No Further Action (NFA) letter has been issued by
<br />IDEM unless otherwise agreed to by the City in writing or as otherwise directed by IDEM.
<br />After abandonment of the wells, Honeywell shall cause the property in the right-of-way to be
<br />restored to its original state or better within thirty (30) days.
<br />9. Prior to any entry on the Property to perform the Work, Honeywell shall cause
<br />Woodard & Curran to deliver to the Clerk of the Board of Public Works a Certificate of Insurance
<br />for commercial general liability insurance, listing the City as an additional insured, which insurance
<br />shall be in the amount of not less than Two Million Dollars ($2,000,000) in the aggregate and One
<br />Million Dollars ($1,000,000) per occurrence. Honeywell has caused Woodard & Curran, to post a
<br />One Thousand Dollar ($1,000.00) performance bond in connection with the Work.
<br />10. When Honeywell notifies the Board that the pilot study work has been completed, the
<br />City Engineer, or her designee, will inspect the Property and, if satisfied that there has been
<br />compliance with paragraph 8 of this document, the bond and insurance may be cancelled.
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