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SITE INFORMATION AND CORRESPONDENCE
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2900 - Site Mitigation Program
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PR0517323
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SITE INFORMATION AND CORRESPONDENCE
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Last modified
2/14/2019 3:46:08 PM
Creation date
2/14/2019 9:40:06 AM
Metadata
Fields
Template:
EHD - Public
ProgramCode
2900 - Site Mitigation Program
File Section
SITE INFORMATION AND CORRESPONDENCE
RECORD_ID
PR0517323
PE
2960
FACILITY_ID
FA0013339
FACILITY_NAME
MT HOUSE SITES 1-6
STREET_NUMBER
0
STREET_NAME
BYRON
STREET_TYPE
RD
City
TRACY
Zip
95376
CURRENT_STATUS
01
SITE_LOCATION
BYRON RD
P_DISTRICT
005
QC Status
Approved
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EHD - Public
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matters now unknown to it may have given or may hereafter give rise to causes of <br /> action, claims, demands, debts, controversies, damages, costs, lasses, liabilities <br /> and expenses which are presently unknown, unanticipated and unsuspected,and <br /> Chevron further agrees, represents and warrants that the waivers and releases <br /> herein have been negotiated and agreed upon in light of that realization and that <br /> Chevron nevertheless hereby intends to release, discharge, and acquit the <br /> Released Parties from any such unknown causes of action, claims, demands, <br /> debts, controversies, damages, costs, losses, liabilities and expenses which might <br /> in any way be included as a material portion of the consideration given to Owner <br /> by Chevron in exchange for Owner's performance hereunder. <br /> 8. Other than such data as is included as part of a report submitted to a state, federal <br /> and/or local regulatory agency pursuant to the provisions of Paragraph 3. above, <br /> Chevron shall keep confidential the results of(and all information related to) the <br /> tests, investigations,reports and inspections conducted by or for Chevron on the <br /> Property or in connection with the Assessment Activities (collectively, the <br /> "Information"); provided,however, the Information may be provided to <br /> Chevron's agents, employees and contractors in conjunction with the performance <br /> of the Assessment Activities. Chevron, its agents, employees,contractors and <br /> subcontractors shall not disclose or release any of the Information, directly or <br /> indirectly, or use the Information for any purpose whatsoever other than as <br /> contemplated herein. Subject to the foregoing, any and all Information shall <br /> remain and be,strictly confidential as and between Owner and Chevron. <br /> 9. Chevron's right of access to the Property to perform the assessment shall <br /> terminate upon the earlier to occur of. (i) completion of the,Assessment <br /> Activities; (ii)three hundred sixty (360)days from the date of this Agreement; or <br /> (iii) Sixty(60)days following delivery by Owner(in Owner's sole and absolute <br /> discretion)to Chevron of a written notice terminating this Agreement. Owner <br /> acknowledges that any monitor wells that may be installed on the Property <br /> pursuant to this Agreement may only be removed Nvith the consent of the <br /> governmental regutatory agency which approved and directed the installation of <br /> such monitor wells,such that in the event that Chevron's right of access is <br /> terminated by Owner such right of access shall be extended for such reasonable <br /> time as is necessary to remove said monitor wells after regulatory approval <br /> authorizing such removal has been secured. <br /> 10. Nothing contained in.this Agreement shall be construed in any manner or fashion <br /> to be an admission by Chevron of any responsibility or liability for contamination <br /> of any type or description that may be present on the Property. <br /> 11. This Agreement, and the rights and liabilities of the parties hereto, shall be <br /> governed by the laws of the State of California. <br /> Site Access Agreement <br /> Page 5 of 8 <br />
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