TESORO REFINING AND MARKETING COMPANY LLC

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hereunder, including, but not limited to, any lost profits, lost rents, lost income, lost sales, construction delays, and any other costs, expenses, and economic damages; and Licensor hereby waives, releases, acquits, and discharges the Licensee and its Designated Representatives from the same. (b) For all activities at the Property pursuant to the License granted herein, Licensee shall acquire all applicable permits and other authorizations required by any Agency (defined herein) for any Corrective Action under any applicable laws and regulations. (c) Licensee shall not allow any lien to encumber the Property as a result of any of its activities at the Property pursuant to this Access Agreement, and Licensee agrees to cause the removal or release of any such lien within thirty (30) days after notice thereof. (d) Licensee shall keep the Licensor informed of the progress of all Corrective Action at the Property conducted pursuant to the License granted herein by providing Licensor with copies of any and all reports and written communications to any Agency regarding such Corrective Action. (e) Licensee will properly maintain and repair any and all equipment and improvements installed and/or used at the Property pursuant to the License granted herein, and will also keep all portions of the Property where any such Corrective Action occurs in good, clean, and sanitary condition. Licensee will also promptly repair, at Licensee's sole cost and expense, any damage to the Property caused by its activities pursuant to the License granted herein. Upon completion of its activities at the Property pursuant to the License granted herein, Licensee will restore the Property to the condition in which the Property existed prior to Licensee's activities under the License granted herein, including, but not limited to, removing any equipment and improvements it installed and/or used at the Property (except that with respect to any monitoring wells installed at the Property, Licensee may close or cap such wells in compliance with all applicable laws and regulations). 5. Notice. Except for notice of access given in accordance with Section 3, all notices, demands, and requests required or given by a Party pursuant to this Access Agreement shall be in writing, and shall be deemed delivered on the earlier of (i) the posting of the notice, designated for delivery via United States Postal Service, registered or certified mail, return receipt requested, or United States Priority Mail with delivery confirmation, addressed to the addressee at its address set forth below or at such other address as such Party may have previously specified by notice delivered in accordance with this section, or (ii) actual receipt by the addressee: If to Licensee: Tesoro Refining & Marketing Company LLC 301 Ocean, Suite 1600 Long Beach, California 90802 Attn: Real Estate Department With a copy to: Tesoro Refining & Marketing Company LLC 19100 Ridgewood Parkway San Antonio, Texas 78259 Attn: Legal Department (Real Estate) If to Licensor: City of Santa Ana. 20 Civic Center Plaza Santa Ana, CA 92701 Attn: Executive Director, Public Works Agency Page 14 of 18