Chapter 6 - FORM 6H • ALTERNATIVE FORMS OF LICENSE FOR ACCESS

• Jurisdiction: Colorado

FORM 6H • ALTERNATIVE FORMS OF LICENSE FOR ACCESS

(This short-form access license is for use in a purchase agreement.)

Access Before Closing. Before closing, buyer will have the right to enter the property, provided that: (1) such entrance and buyer's activities on the property will not interfere with seller's or tenant's use of the property; (2) inspections, surveys, and test borings will be permitted, but no construction of any type will be allowed; (3) buyer will at all times comply with applicable laws and ordinances and will save and protect the property, seller, and tenant harmless from any and all liability and liens on account of buyer's activities on the property; (4) buyer will not engage in activities that could lead to or cause erosion, permanent harm, damage, or littering to or of the property; (5) buyer will fill all test holes, and will leave the property in the same condition as when the entrance occurred; and (6) it shall be buyer's responsibility and obligation to cause its employees, agents, and contractors to comply fully with the letter and spirit of this subparagraph.

- OR -

(This long-form access license is for use as a stand-alone agreement.)

This License for Access is entered into by [name of grantor] ("Grantor") and [name of grantee] ("Grantee"), collectively the "Parties." Grantee has requested access to certain property owned or occupied by the Grantor and its tenants and known as [address] (the "Property"). Grantee seeks this access for installing soil borings and monitoring wells on the Property, for collecting indoor air samples, groundwater samples, soil samples, vapor samples, and for performing remediation activities on the Property. This agreement relates to release of petroleum products from [identify facility], which have migrated onto the Property.

1. Access. Grantee is permitted access onto the Property for the limited purpose of performing work described in this license. The access granted in this license is nonexclusive. This license will terminate upon receipt of a closure letter from the Colorado Department of Labor and Employment, Division of Oil and Public Safety, or upon written termination by the Grantor. Grantee agrees that all activities conducted by Grantee under this agreement will be performed in accordance with the terms and conditions set forth in this agreement.

a. The access now granted to Grantee is limited to installing monitoring wells on the Property, collecting indoor air samples, groundwater samples, soil samples, and vapor samples, and for performing remediation activities on the Property, and for any other sampling or remedial work required by the Colorado Department of Labor and Employment, Division of Oil and Public Safety.

b. Any monitoring wells installed must be flush mounted and locked

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