Access Agreement - South Bend Range EPA Testing - MACOG

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4. The Owner agrees not to damage or interfere with the use of any ground water monitoring well or mechanical equipment that is installed as permitted herein, and agrees to notify third parties who plan to conduct any activity on the property described above that monitoring wells or equipment (if any) have been installed on the property. 5. If investigation-derived waste, including but not limited to contaminated soil and/or groundwater is identified or generated during site investigation activities, and is required to be removed and disposed off-site, the site owner will be considered the generator of the waste and will sign a waste manifest upon removal. Such removal will be performed at no cost to the Owner. 6. Upon completion of the investigation, Authorized Parties will restore the property to as near as practicable the condition of the property immediately prior to the commencement of such activities, but not including paving or concrete replacement at ground surface. 7. The granting of this permission by the Owner is not intended, nor should it be construed, as an admission of liability on the part of the Owner or the Owner’s successors and assigns for any contamination discovered on the Site. 8. Authorized Parties may enter the Site during normal business hours and may also make special arrangements to enter the Site at other times after agreement from the Owner. 9. Authorized Parties shall enter upon the Site at their own risk, and Owner shall not be held responsible or liable for injury, damage, or loss incurred by any Authorized Party arising out of or in connection with activities under this Agreement, except to the extent that any injury is caused due to the acts or omissions of Owner, any lessee of the Site, or any employee or agent of the Owner. MACOG is not providing any indemnification, either jointly or severally, to the Owner, the Consultant or its agents, assigns or designees. 10. MACOG will supply to Owner all information derived from the environmental investigation activities conducted at the Site. MACOG may use such information for any purpose at its discretion. 11. In exercising its access privileges, Authorized Parties will take reasonable steps not to interfere with the Owner’s operations on the Site. 12. Authorized Parties will give notice to the Owner at least one (1) week in advance of the start of field activities on the Site. 13. Owner ensures that Owner and any/all Site operators will grant Authorized Parties access to the entire Site for the purposes set forth in this Agreement. 14. Any party to this Agreement may terminate this Agreement by giving two (2) months advanced written notice, or all parties may terminate the Agreement at any time by written agreement.