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ATTACHMENT 3 <br /> Indemnification, Release and Covenant <br /> Sunflower Hill, a California public benefit corporation. desires for itself. its partners, <br /> agents and contractors to enter real property commonly known as 3988 First Street, 3780 Stanley <br /> Boulevard, and 3878 Stanley Boulevard, Pleasanton, (collectively the "Property")to conduct <br /> surveys, tests, and other activity on the Property to determine the suitability of a 1 64 acre <br /> portion of the Property for potential development by Sunflower Hill <br /> Sunflower Hill acknowledges that the Property will be an active construction site where <br /> heavy equipment will be operated, trenches dug, materials moving, and other activities making <br /> the Pioperty dangerous for persons coming onto the Property Notwithstanding this danger, <br /> Sunflower Hill wants to have access to the Property for itself, its partners, agents and contractors <br /> In exchange for the ability to enter the Property, Sunflower Hill agrees to indemnify, <br /> defend, release and hold harmless Irby Ranch, LLC, a California limited liability corporation, <br /> Irby Family, LLC. ACHF Kaplan LP, the Zia Corporation, MAS Consulting and Irby Ranch <br /> PLF. their agents and contractors from and against any and all claims (including all litigation, <br /> demands. damages, liabilities, costs and expenses, including court costs and attorney's fees) for <br /> personal injury or property damage resulting or arising from Sunflower Hill, its partners, agents <br /> or consultants entering any portion of the Property <br /> Sunflower Hill agrees that entry onto the Property by Sunflower Hill, its partners, agents <br /> and contractors shall be coordinated in advance with Irby Ranch, LLC, its agents and <br /> contractors Sunflower Hill further agrees that (a) it shall not allow any lien to the placed on the <br /> Property for work Sunflower Hill contracts for involving the Property, and (b) after any <br /> disturbance to the Property for studies of testing, the affected area shall be restored such that no <br /> hidden or unsafe condition created by such study or test remain <br /> Sunflower Hill does agree to the full performance of the terms set forth herein <br /> Sunflower 1-hll <br /> a California public benefit corporation <br /> By By <br /> Punt name Print name <br /> Its Its <br /> Dated Dated <br /> 10 <br />