Laserfiche WebLink
CHEVRON EMC 9258420213 08/19 '99 10:56 NO.632 05/08 <br /> herein by refcrenek4aid Quitclaim shall apply Only to that section of the ori <br /> of-Way easement which includes the abandoned and removed section of the rigin t Right. <br /> b) In the event the LANDO WNER's Ptelimi <br /> Right-of--Way reveals the existence of crude oil m Assessment C work Performed on the <br /> discretion: impacted soil, CFIFVRON may in its sole <br /> ij determine that it will not quitclaim the Rin <br /> result of CHEVRON's determination that it willneed toyretain control.. oRighto LANDOWNER as t- <br /> of•Way to facilitate future operational and environmental activities thereon; <br /> iij quitclaim the Right-of•Way if LANDOWNER Wee$: al to perform at its sole <br /> cost and expense any additional assessment of conditions relating to the identified <br /> crude oil contamination reasonably required by CHEVRON or an t3o <br /> Agency with jurisdiction (hereinafter-A.genc il verttment <br /> lace �' and bj tO permit soil impacted by <br /> crude vi!to remain in <br /> p pursuant to the agreement and direction of Agency. <br /> iiij quitclaim the Right-Of-WRY in the event that it is not possible to secure Agcucy <br /> approval to leave identified crude oil impacted soil i- place,if LANDownR agrees <br /> in writing to pay the cost of any additional assessment and/or remedial work which <br /> may be r04uiTed by any Agency with jurisdiction pursuant to a work planreasonably <br /> acceptable to CHEVRON and Agency. <br /> CFIEVRON shall provide LANDOWNER with written notice of itelection within <br /> fourteen(14)days following CHEVRON,s rMeipt of the analytical resultss from the <br /> Prelituinary Assessment which confrrm the existence of crude oil impacts to soil on <br /> the Right-Of--Way. In the event that CHEVRON elects not of convey its intereacWst in <br /> the Right-of-Way due to the discovery of the presence of crude oil t <br /> CHEVRON shall not be obligated to refund the amounts d b LANDOWNER <br /> soil <br /> CHEVRON for overseeing LANDOWNEIVs PreliminaryYworkPU tt <br /> Assessment work pursuant <br /> to Section(a)above. CHEVRON shall be obligated to refund to LANDOWNER any <br /> unused amounts deposited with CFMVRON by LANDOWNER toward the Work. <br /> IfAgeneies and LANDOWNER agree to permit identified soil impacted by crude oil <br /> to remain in place.CHEVRON agrees to take such further action, including remedial <br /> action,as may be required in the future by Agencies relating to such identified crude <br /> Oil impacted soil. CHEVRON finther agrees, in the event that LANDOWNER <br /> Permits the impacted soil to remain in place on the Right-of--Way, to hold <br /> LANDOWNER harmless and indemnify LANDOWNER and its successors-in- <br /> interest front and against any liabilities, claims, damages or losses, arising from: ij <br /> claims or suits by third parties(other than by subsequent owners or occupiers of the <br /> land)relating to the presence of crude oil impacted soil and the <br /> remedial activities required to be perfotntance of any <br /> Performed in the future by CHEVRON on the <br /> Right-of-Way;and ii)any Rdure demand or requirement imposed by any agency that <br /> any additional assessment or remedial action be taken regarding the crude OR present <br /> in soil on the Fright-of-Way. Said indemnity shall not apply to the extent that the <br /> harm was caused by the sole negligence or willful misconduct of any indemnitee. <br /> 4 <br />