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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 Property 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 or 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 Hill <br /> a California public benefit corporation <br /> By: By: <br /> Print name: Print name: <br /> Its: Its: <br /> Dated: Dated: <br /> 10 <br />