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CHEVRON EMC 9258420213 08/19 '99 10:55 NO.632 04/08 <br /> LANDOWNER notified CHEVRON of said cancellation. In the event the <br /> LANDOWNER's Project is cancelled after Preliminary Assessment and/or pipeline <br /> removal activities have been commenced,LANDOWNER shall pay all costs incurred by <br /> CHEVRON, including but not limited to costs associated with its oversight and pipeline <br /> removal activities as of the date <br /> cancellation. LANDOWN$R notified CHEVRON of said <br /> 3. Re incenient Fight-of-way._ A replace lent right-of-way satisfactory to CHEVRON <br /> must be identified, secured Fuad a prelitmnary asstssmtmt acceptable to CHEVRON <br /> preformed (the "Replacement Right-of-Way'), before CHEVRON will quitclaim the <br /> portion of its Right-of-Way to be abandoned . LANDOWNER will be responsible for <br /> granti% CHEVRON the Replacement Right-of•Way, and/or if necessary for acquiring a <br /> Replacement Right-of-Way on CHEVRON's behalf from any necessary third patty, <br /> including right of access,at LANDOWNER's sole cost and expense. The environmental <br /> condition of the Replacement Right-of-Way shall at LANDOWNER's sole cost and <br /> expanse, be assessed. The assessment shall include the performance of a Phase 1 <br /> Investigation and the completion of up to one (1) soil boring at depths and locations <br /> selected by CHEVRON and laboratoryanalysis of soil samples taken from the borings <br /> Pursuant to protocols specified by CHEVRON. The work related to the assessment of <br /> the Replacement Right-of-Way shalt be considered as part of the .LANWWNER,s <br /> Preliminary Asscwn)mt Work". CHEVRON shall be entitled to review the assessment <br /> fundings and laboratory data and may in its absolute and sole discretion accept or reject <br /> the Replacement Right-of-Way if contamination is present. The parties agree that the <br /> terms of the Replacement Right-of--Way shall be the same as those set forth in Exhibit B <br /> attached hereto and incorporated herein by reference. If remaining segnWnts of pipeline <br /> have been identified to be present in the Right-of Way, LANDOWNER shall not be <br /> wired to proceed with its removal until such time as a new Replacement Right-of-Wary <br /> acceptable to CHEVRON has been mcotdcd. <br /> 4. NOWSPtIon of Conuffiencement of LANDOWIIR's Proliminarr Assessment Work. <br /> LANDOWNER is to provide CHEVRON 5 days nonce prior to commencement of field <br /> activities associated with the LANDOWNER's Preliminary Assessment work. <br /> 5- Testis Il-mults and QMitclAlm of Ri t-of.' v . Upon completion of the <br /> LI�vOWNER's Preliminary Assessment work,the following shall apply: <br /> a) In the event the laboratory results from samples collected during LANDOWNER's <br /> Preliminary Assessment work are ran-detect for crude oil, CHEVRON shWI quitclaim <br /> the portion of its Right-of--Way which it agreed to abandon., to LANDOWNER within <br /> thirty(30)days following: ij completion of the Preliminary Assmment activities on the <br /> Right-of-Way; ii] CHEVRON's receipt of testing results and analysis of samples taken <br /> during the Preliminary Assessment; iii] removal of the abandoncd section of pipeline, if <br /> Imp from the Right-of-Way; aAd iv) payment of any outstanding costs owed to <br /> CHEVRON by LANDOWNER The parties agree to execute a Quitclaim.Deed in a form <br /> substantially similar tv that set forth in Exhibit "C" attached hereto and incorporated <br /> 3 <br />