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CHEVRON EMC 9258420213 08/19 '99 10:56 NO.632 06/08 <br /> 6. Pry_ Future Property Clea <br /> nu ~Ex <br /> cept Is CHEVRON is requued b an fy decal, state or iooc otherwise provided above, if. <br /> or remediation in the future on the abandon[ portion of the Righ cy, to perform y assessment <br /> LANDOWNER shall take all steps to cooperate with CHEVRON in its Perf <br /> any such action,including,but not Iimited to providing CHEVRON with: o'T m= of <br /> a) access to the abandoned Right-of-Way, for Purposes of inspection, li <br /> excavation, investigation of surface and sub-surface conditions, and if eeded, <br /> remediation of soils and groundwater;and <br /> b) copies of documentation that relatcs in any way to contaraivation or potential claims <br /> covered by this Agreement. <br /> 7. INDEMNM* LANDOWNER SHALL. DEFEND, INDEr4NIFY AND AOLD HARMLESS <br /> CMVRON' CItEVRON CORPORATION AND ITS AND THEIR D=CTOR.S, OFFICERS, <br /> AGENTS AND EM'LOY,EES("INDEMNITEE") FROM AND AGAINST ANY AND ALL CL4M, <br /> SUrPS Ok ACTIONS OF ANY KINDS ARISING OU7 OF TUE INJURY TO OR Dr <br /> OF ANY <br /> PERSON, OR FOR LOSS OR DAMAGE TO PROPEItTY RBSULMG FROM THE WQ= <br /> PE[ti+�ORMED UEREUNDTvR. SUCII INDEMNITY SHALL APPLY WMT111,03 Oft NOT AN <br /> INDZMNITEg WAS OR IS CLAIMED TO SE PASSMLY, ACTIVELY OR CONCUt3C XKnY <br /> NEGLIGENT AND REGARDLESS OF WHETHER LIABILITY WITROUT FAULT IS IMPOSED OR <br /> SOUGHT TO BE IMPOSED ON ONE Ott MORE OI;THE INDEMM E & THIS IMOSEIdiTY <br /> SHALL NOT APPLY TO THE EICTENT CAUSED BY THE SOLI6 NEGLIGE THIS <br /> CIZ DEM UL <br /> MIS'CONDUCr OF AN&DLTi�AMnE. <br /> - - Yadepc t comrtroctors. CHEVRON shall have no control over the manner and <br /> methods of performing the Preliminary Assessment work or the removal of an <br /> of pipeline remaining in the Right-of-Way. and that LANDOWNER contractora <br /> y segments <br /> hired to assist in such work, "I act in an independent capacd not as officers <br /> employees,or agents of CHEVRON. <br /> 9- A= 1°=t- This Agreement shall not be assigned, sublet or ttnnsferred in whole or is <br /> part by LANDOWNER, except with the prior written consent of CHEVRON, and any <br /> attempt to do so without such written consent shall be void. <br /> 10. Audit of Reeords. CHEVRON shall retain accurate and <br /> complete records of all <br /> expenses related to its oversight activities , and such records shall be available for <br /> inspection and audit for a period of 12 months after faW payment under Agreement. <br /> Such audit shall be limited to the cost data relating to the costs LANDOWN&R is <br /> resPonsible for reimbursing CHEVRON under this Agm meet, <br /> l 1. Notices. All notices, consents or demands required <br /> communication between the by this Agreement or other <br /> Parties shall be deemed to have been given when reduced to <br /> writing and i) delivered personally; iij deposited in the Unitcd States mail, first class, <br /> postage Prepaid; iiij sent via an established national overnight delivery service(such as <br /> 5 <br />