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CHEVRON EMC 9258420213 03/04 '04 15:50 N0.104 06/10
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<br /> 6. Chvmzi �xo shall be solely responsible for and assmes all liability and risk
<br /> for the Safoly wd proWtiou(against dxnW desamctiou, dwft or vaoda.lism)Q1"
<br /> any equipment,vehicles,building Materials and/or other p=onaJ.gty used,
<br /> Stored,parked or left on the Pmpetty by ChavronTexaco or its agents, a loyees,
<br /> repmer tatives.contractors or sonsuitants,.
<br /> ?. ChevronTe e,Seel anyone claiming by,tbmgh, or under Chc�eroaTexaco,
<br /> herby waives its right to remover hom aad fully and irrevocably m1 ases Owner,
<br /> N Lffiliatc. orgaiizations and entities, and �ach of its sad their p us. members,
<br /> m offiocM dkactoars,shweboldera, agents,represeutativea,employees and
<br /> all of'their respectivc lucceasers arae]a.,si s(coliecdvely,the"Released.Paxtfcs,,,
<br /> and each a"Relonod Farts')from any and all cls fat Chevr9ouTexaoo may
<br /> now have or hereafter acquire against any of the Released Parties for any al a,
<br /> costs,loss, liability, datnaga, expenses, dematsd, actfOn or ca,ttse of'action arising
<br /> $tom or related to CbvonTexaco's entry onto she Property, activities on the
<br /> Property, and conditions on or sfF®ctsng the Property,including,without
<br /> limitation, any constmction defects,property defects, or other canditiona, latent or
<br /> othcrrwise,iacluding environmental conditions asci matters. This release includes
<br /> claims of which CbvrmnTex=o is presently unaware or which ChevronTexaco
<br /> does not pr=ntly suspect to exist which, if known by ChevronTexaco, would
<br /> materially acct ChewonTexaco'a release to Ownal. ChcvronTcxwo specifically
<br /> waives the provision of CWifornie CiA Code section 1542,which provides as
<br /> follows:
<br /> A OBNERAL RELEASE DOES NOT EXTEND TO CLAIMS W141CH THE
<br /> CREDITOR DOES NOT Know OR EXPECT TO EXIST IN HIS FAVOR AT
<br /> THE TIME OF MCUT NU TBI RELEASE, WHICH IF KNOWN To
<br /> MUST HAVE MATERIALLY AFFECTED THE SETTL IIT WITH TBE
<br /> DEBTOR,
<br /> In this connection,and to the=1ent PzmiittM by law, ChevronTexaco hereby
<br /> agrees, reprMents, and warr4nts that ChnronTexaco realizes and acloaawledges
<br /> that facta.3a1 matters now unknown to it May have given or may hereafter give rise
<br /> to causes of action, claims, demands, debts, controv=ics, da=gM costs, josma,
<br /> liabilities and expewes which are presently unknowiL unanticipated-and
<br /> unsuq=ted,and ChevmaTexaco further agws,represents and warrants Haat the
<br /> waivers and releases herein have been negotiated and agreod upon in light of that
<br /> realization and that ChevronTexaco naves hereby intends to release,
<br /> disCharge, and acquit the Released Pales fvm any such unknown,causes of
<br /> action, clailas, demands,debts, controversies,damages, costs, losses, liabilities
<br /> and uses which might its anyway be imluded as a material portion Df hl a
<br /> cMsid=tion given to Owner by ChevronTexaco in exchange for Owner's
<br /> Performance heretasa&r..
<br /> Owner ltw given ChavronTaxai,,o matcdW concessions regarding this tniwactjon
<br /> an exchange for ChavronTex agrecing to the provisions of this aeon, The
<br /> eoaw,¢
<br /> 2098361754 ,TEL=9258420213 05/04'04 11 :53
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