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of Paragraph 7 of this Agreement if the Licensee breaches any of the conditions <br /> described herein. <br /> 2. Scope of License and Permitted Uses. Pursuant to this License, the Licensee and <br /> its employees, agents, and invitees may enter upon and occupy the Government <br /> Property for the purpose of conducting environmental due diligence in accordance <br /> with the MPCA approved field investigation work plan. Each of the conditions to <br /> this License is specifically made subject to the terms and conditions of an <br /> environmental field investigation work plan and the actions by Licensee and its <br /> contractors and agents commercially reasonably necessary to implement the field <br /> investigation work plan in accordance with the VIC program. In the event of any <br /> conflict or inconsistency between the terms of this license and the terms of the field <br /> investigation work plan or such commercially reasonably necessary actions, the <br /> terms of the field investigation work plan, as applicable, shall control and/or such <br /> conditions shall be deemed modified and/or deleted, as applicable, to allow Licensee <br /> and its contractors and agents to take such actions. Neither Licensee nor any of its <br /> contractors or agents are or shall be deemed to be an owner, an operator or a <br /> potentially responsible party, but rather each shall be deemed a response action <br /> contractor at the site, as those terms are used in CERCLA and other environmental <br /> statutes. <br /> As the ultimate responsibility for compliance with the remedial obligations lies with <br /> the US Dept of Army, Army and its designated representative will inspect any <br /> actions taken to implement the requirements of the field investigation work plan <br /> approved by MPCA. Army and its designated representative will have the limited <br /> authority to direct Licensee, its contractors, and/or agents to stop work if the work is <br /> not being performed in accordance with the field investigation work plan or other <br /> regulatory guidance; provided, that, unless such defiance constitutes an emergent <br /> situation,prior to issuing any such stop work order Army will identify the deficiency <br /> in writing to Licensee and GSA and the parties will promptly and cooperatively <br /> attempt to determine a method for curing such deficiency that does not require a <br /> work stoppage. This method for cure, if mutually agreed upon, shall be <br /> immediately commenced and diligently pursued by Licensee. In the event that work <br /> is so stopped,Army, GSA and Licensee shall promptly discuss and determine how to <br /> proceed and/or cure any deficiency. Any costs associated with a work stoppage or <br /> curative work for nonconforming work shall be the responsibility of the Licensee. <br /> 3. Site Conditions and Security. Throughout the Term of this License, the Licensee <br /> shall, at its sole cost and expense promptly repair or replace any property of the <br /> Government damaged or destroyed by the Licensee incident to the use and <br /> occupation of the Government Property as permitted in this License. The Licensee <br /> will be responsible for the costs related to utilities, insurance, security and <br /> maintenance associated with the equipment and activities of the Licensee, its <br /> employees, agents, and invitees on the Government Property pursuant to this <br /> 32 <br /> 176632v1 <br />