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04/26/01 THU 13:58 FAX 1 816 861 043D SECOR-SACRAh1ENTI) Q 005 <br /> ARTICLE, 4- CONDUCT OF THE WORK <br /> The parties agree to undertalm all steps necessary to investigate, monitor; remediate diad <br /> mintage the Conta nhiation as set forth in the RemediWon Plaits or as such may be modified <br /> by the Agency. For the vurposes of orgaaizition anti bion with the Agencies, the <br /> parties agree th&+ Ch vma:s JsWi in Aztid2s 12'az-.v.s Elal":;:sz;>;;s r , turf shall have <br /> no authority to bind ARCD to any agement withmrt ARCO's prior written consent. <br /> All parties hereby agree to provide each party, the Technical Co mtittw and any Joint <br /> Comps iltaat selected by the Technical Committee, its employees, agents, and contractors <br /> reasonable access to each respective contributing site as necessary to perform. corrective <br /> acd=for the purposes of this Agreernomt. The 1wenses grantod hemmder shall o ndmie until <br /> the termination of this Agreement. <br /> ARTICLE,S-COSTS YNG <br /> As stated in Article 2 hereof,this Agreement is k&ztd4 inter alis,to provide for the sharing <br /> of Costs incurred to perform the Work. <br /> All oasts, whether eligible or ineligible for reimbursement from the Fund, incurred to do the <br /> Work f wn dte effeative datie of this Agreement shall be shared equally by the parties until <br /> their Relative Contributions are determined, Thereafter, Costs shall be shared in proportion to <br /> the Relative Contributions. The determination of relative contribution applies solely fair tine <br /> purpose of allocating the costs incurred under this Agreem art_ Further, Costs incurred under <br /> this Agreement prior to said detctahmSion and after the effective date of this Agnxmerrt shall <br /> be adjusted to retied the proportions of relative Conuibutiams.by prompt reimbursement by the <br /> party with the greater Relative Co ntnbuhm to the other of Costs paidby such all=party in <br /> excess of its proportionate shM of Costs, lite Relative Contribution determination shall also <br /> apply to the allocation of responsibility for parnad of any costs incurred under this <br /> Agrees myt that are dot eligible for the rmambursenicnt from the fund or costs that exceed the <br /> prescribed limitation set forth is California Health and Safkty Code Section 25244.94. A <br /> tabulation of corrective action costs incurred to date, and identified as either eligible or <br /> ineligible for reimbursement fmm the Fund is attached hereto as Exhibit A. As of the date of <br /> this agreerttens, the parties hereto adknowledge and represent that no money or otter <br /> compensation has been received by any partic;lPating Pay with respect to the possible <br /> cmumunadon to any site relevant hereto_ <br /> Chevron shall pay Costs in the normal. course of business and bill ARCO as provided in <br /> Article 7 heree. <br /> Fos the sole purpose of estimating responsibility, and thesefvre Relative CoEtributiga, in <br /> accordance with the regnir�ts of Califmma Health & Safety Carle Section <br /> 2529993(a)(7)(9D), the Parties allocate ammm9st themselves the fallowing percentages of <br /> rc$ponsit@ity for Co> r butiart to the petroleum contamination prem in the subject commingle <br /> plunw= <br /> ARCO 50% <br /> Chevron Prottcts Company 50% <br /> 4 <br />