2009-078 ERCD-Orange Co and Duke University regarding Utilization of Former Water Supply Well

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' County of Orange and Duke University Agreement September 15, 2009 WHEREAS, the parties hereto wish to agree to allow the use of said OOS Well, for part of the proposed Orange County Groundwater Observation Well Network, an association of groundwater observation wells throughout Orange County intended to permit monitoring of groundwater conditions in the County; and NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and obligations set forth herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. OPERATION AND MAINTENANCE OF SITE University hereby contracts with County to operate and maintain the OOS Well identified in Exhibit 1 in the Blackwood Division of Duke Forest for the primary purpose of the collection of groundwater level information. Additionally, the well may be used by County for the collection of water quality samples. The County will be solely responsible for maintenance of the OOS Well in the Blackwood Division of Duke Forest, near Eubanks Road, identified in Exhibit 1. This includes any repairs which may be necessary to the well or well house to permit ongoing operation of the well. Orange County will be responsible for the security of the well as well as the proper use of the well to achieve the stated goals of the Orange County Groundwater Observation Well Network. 2. ADDITIONAL DETAILS A. CASUALTY AND LIABILITY INSURANCE: It is understood and agreed by and between the parties hereto that each party shall carry such casualty and liability insurance, or programs of self-insurance, as will protect its interests in said facilities, and protect itself in the event of injury to persons or property involved in the use of said premises by said party. Duke University shall be named an additional insured on the liability insurance, but only with respect to acts or omissions of the Named Insured. Each party shall furnish to the other party upon demand, satisfactory evidence of insurance. B. INDEMNITY: Each party hereto shall, to the extent allowed by law, indemnify and hold harmless and defend the other parties, their agents and employees from any claims, cost, expense, liability, action or judgement, including attorney's fees, arising out of or related to any personal injury, death or property damage with respect to its use of the premises, except to the extent the same are caused by the negligence or misconduct of another party or parties. C. USE BY OTHER PARTIES: Use of this former water supply well by other parties shall be limited to the possible collection of geological and geophysical information, as well as the collection of water samples for the determination of water quality information.