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Pipelines across Licensoe's Premises for the purpose of transporting PCE contaminated ground water <br />from the extraction wells on the Premises and also from the Schlage Lock manufacturing facility <br />property to the Bradley Road System. Licensee assures Licensor that the Pipelines were located on <br />the Premises as shown on Exhibit A and were constmcted in accordance with the engineering plans, <br />designs and specifications set forth in Exhibit B. Licensee agrees that the Pipelines were constructed <br />and shall be operated, maintained and repaired in a proper diligent and workmanlike manner to <br />assure the protection of the Licensor's Premises from any contamination whatsoever by leaks or <br />breakage of the Pipelines. Should any leaks from the Pipelines occur, Licensee shall promptly <br />temediate and remove all contamination caused thereby. Licensee shall provide the Licensor with <br />a drawing of the "as constructed" condition of the Pipeline showing the location of the Pipelines <br />referenced to monumented property ownership lines. The Licensee's rights hereunder aze <br />noneicblusive to Licensor's use of the Premises. <br />2. Other Use of Premises. The Licensor and Licensee agreed upon the location of <br />the Onsite CMWP Pipeline and selected that location in an effort to avoid any conflict between the <br />Onsile CMWP Pipeline and future uses of the Premises for gravel mining and water storage. <br />Licensee acknowledges that continued operation of its other equipment and facilities, specifically <br />extraction wells and monitoring wells on the Premises, may conflict with future desired uses of the <br />premises byLicensor for gravel mining and water storage. Licensee shall continue to cooperate with <br />Licensor in order to allow Licensor to effectively make other uses of the Premises.while retaining <br />this Agreement in place, including, without limitation, use of the Premises for gravel mining and <br />water storage. Such cooperation shall include relocation by Licenseeofitspermittedequipmentand <br />facilities, other than the Onsite CMWP Pipeline, as necessary to allow future desired uses of the <br />Premises by Licensor. The Onsite CMWP Pipeline shall not be relocated under the terms hereof. <br />The purpose of this clause is for the parties to attempt to achieve a cooperative solution so that <br />Licensee can continue to use the Premises under the Consent Orders with, and remediation plans <br />approved byf the CDPHE, without preventing or impairing Licensor from making other desired uses <br />of its property. In this manner, Licensor can attempt to avoid terminating or not renewing this <br />Agreement in order to make future desired uses of the Premises. The teen of this License <br />Agreement shall remain as provided in the original License Agreement. <br />3. Indemnification. The third paragraph of Section N of the License Agreement is <br />eliminated in its entirety and replaced with the following: <br />Licensee shall defend, indemnify and hold Licensor harmless from and against all claims, <br />liabilities, damages, or causes of action incurred by Licensor or asserted against Licensor for <br />personal injury or property damage as a insult of the acts or omissions of Licensee or its <br />agents, contractors, personnel, or subcontractors, relating to the use of Premises under this <br />Agreement or as a result of the introduction by Licensee of PCE or any other contamination <br />onto the Premises. This indemnification shall survive the termination of this Agreement. <br />4. License Fee. Section V is amended so that the monthly license fee shalt now be <br />$2,000.00 based on a annual license fee of $24,000.00 ("Annual License Fee"). This license Fee of <br />2 <br />