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<br />monitoring wells reasonably necessary to accomplish the remediation activities may change over <br />the term of this Agreement and are further subject to direction from the Indiana Department of <br />Environmental Management ("IDEM"). <br /> <br />2. Roberts, acting on behalf of MACOG, will drill and install the wells in a <br />professional manner in accordance with applicable state laws and regulations, and shall keep <br />interference with the surrounding property and transportation to a minimum, as is consistent with <br />such standards. <br /> <br />3. The City shall have no financial obligations for the work performed under this <br />agreement. <br /> <br />4. If any improved or paved property is disturbed by the Work, MACOG, or its <br />subcontract, shall restore said property to its original state or better as practical upon the <br />completion of the installation of the well(s). <br /> <br />5. The work to be performed shall not interfere with any existing easement without <br />the consent of the owner of said easement. <br /> <br />6. In consideration for the approval of this Agreement by the City, MACOG, on behalf <br />of itself and its contractors, including but not limited to, agents, employees, successors and assigns, <br />agrees and undertakes to defend, indemnify, and hold harmless the City its officials, employees, <br />and agents from any and all claims, liability, losses, costs, damages or expenses, including <br />reasonable costs and attorney’s fees, arising from or related to the Work performed under this <br />Agreement which the City may suffer until the time the City takes ownership of the monitoring <br />well(s). <br /> <br />7. MACOG shall, and shall cause its subcontractor(s) to, abide by all applicable laws <br />of the United States, State of Indiana, and the City in performing the Work. MACOG, or <br />its subcontractor(s), shall submit for prior approval, a traffic control plan prior to <br />obstructing any public street in the City. <br /> <br />8. The authority granted to MACOG, or its subcontractor(s), any other agents, <br />consultants and employees, under this Agreement is limited to the scope of work <br />described herein, as amended, and as shown on Figure 1 attached hereto and incorporated <br />herein. <br /> <br />9. City shall accept responsibility and ownership for the monitoring well(s) with in the <br />right of way after MACOG’s planned scope of work is complete. MACOG shall provide written <br />notice to the City 30 days before their scope of work is complete. <br /> <br />10. Prior to any entry on the Property to perform the Work, MACOG, or its <br />subcontractor shall 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, <br />which insurance shall be in the amount of not less than Five Million Dollars ($5,000,000) in <br />the aggregate and Seven Hundred Thousand dollars ($700,000) per occurrence. Further,