125-26 Exhibit A - Access Agreement - 12-18 Ashland (final).pdf

applicable, for the Well, and a map indicating the groundwater contours and flow direction at the time of sampling. Within thirty (30) days of submission to the NJDEP or any other regulatory authority, Consultant shall also furnish to Owner a copy of any final report required to be submitted to the NJDEP or any other regulatory authority that contains the analytical results of the groundwater sampling. 8. At all times following execution of this Agreement until Termination, Consultant and its subcontractors who enter upon the Property shall maintain commercial general liability insurance of not less than $1,000,000.00, owned and hired vehicle automobile insurance, and workers' compensation insurance, and shall deliver to the Owner certificates of insurance pursuant to which the Owner is named as an additional insured under Consultant's commercial general liability insurance policy. 9. Consultant represents that the Work is necessary to comply with New Jersey law and NJDEP regulations. 10. Once the Well is no longer required by the NJDEP, Consultant and the Responsible Party shall restore the Property as follows: the Well installed at the Property as part of the Work will be abandoned and decommissioned in accordance with applicable NJDEP regulations. After each sampling event, the Well will be restored to current condition (i.e., manhole covers and gripper plugs will be placed back and sealed). 11. SEVERABILITY. If any provision of this Agreement, or any portion thereof, is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby and shall continue in full force and effect as if such invalid, illegal, or unenforceable provision had never been contained herein. Each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. If any provision of this Agreement is held to be excessively broad, it shall be reformed and construed by limiting and reducing it so as to be enforceable to the maximum extent permitted by law. The parties expressly acknowledge and agree that they would have entered into this Agreement regardless of the enforceability of any particular provision. 12. ENTIRE AGREEMENT (MERGER). This Agreement, including all exhibits, appendices, and attachments hereto, sets forth the entire agreement between the parties

forceability of any particular provision. 12. ENTIRE AGREEMENT (MERGER). This Agreement, including all exhibits, appendices, and attachments hereto, sets forth the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous discussions, negotiations, understandings, representations, warranties, and agreements, whether oral or written, between the parties. All previous drafts, proposals, and communications between the parties relating to the subject matter of this Agreement are hereby merged into this Agreement. Neither party has relied upon any representation, warranty, or undertaking that is not expressly set forth in this Agreement. The parties acknowledge that there are no terms, conditions, representations, warranties, promises, covenants, or understandings between the parties other than those expressly set forth herein. 13. MODIFICATIONS and NONWAIVER. No amendment, modification, waiver, or other change to any provision of this Agreement shall be effective unless