Kimberly Clark Worldwide Inc 7/29/2019 (2)

B. Grantor shall submit plans and specifications of any such proposed excavation, tunneling, digging, construction, alteration or other development (1) located within the Easement Area or (2) where the depth of any proposed excavation multiplied by one-and-one-half exceeds the distance from the excavation to the boundary of the Easement Area. The plans and specifications shall be in sufficient detail to permit Grantee to determine whether such proposed excavation, tunneling, digging, construction, alteration or other development would interfere with, disturb or damage the Easement Improvements in any way or otherwise hinder or interfere with Grantee's rights under this Agreement or Grantee's use, operation, maintenance or repair of the Joint Use Facilities. Any approval by Grantee shall be strictly limited to the facilities and/or excavation shown on the plans and specifications submitted by Grantor and shall in no event constitute or be construed as a certification of the accuracy, sufficiency or engineering adequacy of said plans and specifications and in no event shall Grantee be liable for any injury or damage to any party whosever resulting from any construction activity undertaken by Grantor. C. No Testing Without Prior Notice and Consent. Grantee is expressly prohibited from conducting any environmental studies or tests on the soil and groundwater at the Property (including, without limitation, invasive environmental tests)unless Grantor has approved in writing such environmental studies or tests, the specific scope of work thereof and the consultant or persons performing such work("Grantee's Testing Request"). Grantor acknowledges that Grantee may be required to conduct excavations in the ordinary course of activities allowed under this Agreement related to the Easement Improvements and may need to study or test the environmental conditions of soils or groundwater in connection with such activities. Grantor agrees that it will promptly consider all of Grantee's Testing Requests and will not unreasonably withhold or delay its consent. If Grantor fails to respond to Grantee's Testing Request within ten (10) business days of Grantor's receipt of notice of such request, Grantor shall be deemed to have approved the request. 4. Grantee Notice and Coordination of Activities Grantee shall give at least fifteen (15) days' advance written notice of the proposed dates of its construction, repair and maintenance activities on Grantor's Property to Grantor at the address in Section 10, or at such address or office as Grantor may from time to time designate. Grantee shall cooperate in the revision of such dates and/or the coordination of its activities with those of Grantor if deemed necessary by Grantor to minimize conflicts, insure protection to each party's facilities, prevent hazardous conditions, or minimize interruption of Grantor's operations. Provided, however, that in the event of an emergency requiring immediate action by Grantee for the protection of its improvements or other persons or property, Grantee may take such action upon notice to Grantor as is reasonable under the circumstances. 5. Damage to Property; Grantee to Restore In the event that the Easement Area, the Property or other property of Grantor is damaged or destroyed by the Grantee Parties from time to time as a result of their use, operation, maintenance, repair, upgrade or replacement of the Easement Improvements and/or the Easement Area, Grantee shall, at Grantee's cost, promptly repair or restore any damage to the reasonable satisfaction of the Grantor and to substantially the same condition, character and general utility as nearly as possible to that existing prior to such work. 4