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04/1,5!2005 12'00 FA% 3038576336 VILLANO BROS FARMS ~j004/006 <br />no cost to the Villanos, copies of all data, results, drawings, permits, and sample <br />collections chain of custody documents collected under this Access Agreement. <br />b. Southwestern and/or its Affiliated Parties shall take all necessary <br />precatrtions to avoid damage to the Villanos' real and personal property resulting from <br />the activities conducted by Southwestern or its Affiliated Parties under this Access <br />Agreement. Southwestern agrees to be solely responsible foz alt damages arising from <br />any activities performed by it or its Affiliated Parties under this Access Ageement. <br />c. Southwestern agrees to aecumP all liability for, and legal title to, all waste <br />materials generated by it or its Affiliated Parties in the course of the activities conducted <br />on the Villanos' Properly under this Access Agreement. The above waste materials does <br />not include any waste materials not generated by Southwestern or its Affiliated Patties in <br />conducting activities on the Villanos' Property. Southwestern and its Affiliated Parties <br />shall use best efforts to m;n;mi~~ the volume of wastes generated in conducting their <br />activities on the Villaoos' Property, and shall properly, handle, containerize, manage and <br />dispose of all such wastes. Southwestern and its Affiliated Parties shall not take any <br />adios with respect to suoh wastes that may cause any alteration in the cbetuical, physical <br />or biologic nature oz characteristics of the wastes while the wastes are on the Villanos' <br />Properly. Southwestern and/or its Affiliated Parties shall remove all wastes generated as <br />a result of those activities conducted by them on the Villanos' Property on or before the <br />expization date of this Access Agreement. <br />d. Southwestern and/or its Affiliated Parties shall provide all notices and <br />obtain all permits, approvals, or consents required by any governmental or quasi- <br />governmental authority pzior to commencing any activitles on the Villanos' Property. <br />~Y msaifes5 tice~; "+~Pe~rshall be i~strlrS itt'lriilanrss' name. Any ac~ty <br />conducted by Southwestern or its Affiliated Parties pursuant to the tertns of this Access <br />Agraetaent shall be deemed to be taken on only on behalf of Southwestern and not as an <br />agent for any other Party. <br />e. Southwestern and/or its Affiliated Parties shall be solely responsible for <br />locating all overhead, above-ground and underground utilities, including without <br />limitation, electrical, sewer, water and other utilities. The Villanas shall make <br />infornnation available to Southwestern regarding nay subsurface structtn+es, pipolimcs or <br />cables of which the Villanos have actual knowledge, but the Villsnos are not under any <br />duty to inspect for the presence of such structtrres, pipelines or cables. Southwestern and <br />its Af6Hated parties shall take all necessary precautions to avoid damage to, or injury <br />from, such utilities. Southwestern agrees to indemnify the Villanos, hold dram harmless <br />against, and be solely responsible for, any such damage `w, or injury from, a~+ such <br />utilities on the Villanos' Property, which results from the activities conducted by <br />Southwestern or its Affiliated Parties. <br />E Under this Access Ggreement, Southwestern and/or its Affiliated Parties <br />may enter the Villanos' Property to investigate, study, and design the location of the <br />Recharge Well. y7te pkyslcd locations of the l~echtt-ge We!! skaD be nt the Yillarros' <br />