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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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12. This Agreement shall be binding upon, and inure to the benefit of, Owner and <br /> Chevron and their respective heirs, devisees, personal representatives, successors <br /> and assigns. <br /> 13. In the event of an action at law or in equity between the parties to interpret or <br /> enforce any of the provisions of and/or rights under this Agreement, the <br /> prevailing party shall be entitled to collect from the non-prevailing party all costs <br /> and expenses, including reasonable attorneys' fees and experts' fees, incurred by <br /> such prevailing party. <br /> t4. The waiver by Owner or Chevron of a breach of any provision of this Agreement <br /> shall not be deemed a continuing waiver or a waiver of any subsequent breach <br /> whether of the same or of another provision hereof. <br /> 15. This Agreement is the final expression of, and constitutes:the entire agreement <br /> between, the parties with respect to the subject matter hereof and thereof and <br /> supersedes all prior understanding with respect thereto. This ,agreement may not <br /> be modified, changed, supplemented, superseded, canceled or terminated, nor <br /> may any obligations hereunder be waived,except by written instrument signed by <br /> the party to be charged or by its agent duly authorized in writing or as otherwise <br /> expressly permitted herein. The parties do not intend to confer any benefit <br /> hereunder on any person, firm or corporation other than the parties hereto and <br /> lawful assignees. <br /> 16. None of the captions of the sections of this Agreement shall be construed as a <br /> limitation upon the language of the sections, said captions having been inserted as <br /> a guide and partial index and not as a complete index of the contents of such <br /> sections. <br /> 17. This Agreement may be executed in one or more counterparts,each of which shall <br /> be regarded as an original and all of which when taken together shall constitute <br /> one and the same document. <br /> 18. In the event any provision ofthis Agreement shall be held invalid or <br /> unenforceable by any court of competent jurisdiction, such holding shall not <br /> invalidate or render unenforceable any other prevision hereof <br /> 19. Notwithstanding any rule or maxim of construction to the contrary, any ambiguity <br /> or uncertainty shall not be construed against either Owner or Chevron based upon <br /> authorship of any of the provisions hereof. <br /> 20. In order to expedite the transaction contemplated herein,telecopied signatures and <br /> initials may be used in place of original signatures and initials on this Agreement. <br /> Owner and Chevron intend to be bound by the signatures and initials on the <br /> telecopied document, are aware that the other party will rely on the telecopied <br /> Site Access Agreement <br /> Page 6 of 8 <br />
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