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Branch :F41,User:ATOI Comment: Station Id X45K <br /> RM&R Site#0888 <br /> Acquisition#0888 <br /> 6. Restoration. Within sixty (60)days of completion of the Environmental Work on <br /> the Property, CONOCOPHILLIPS shall, at no cost to OWNER, repair any damage to and <br /> restore those portions of Property damaged or disturbed by such Environmental Work to the <br /> condition substantially similar to the condition that it was in immediately prior to the <br /> commencement of same. Such restoration activities shall include, without limitation, proper <br /> abandonment and plugging of any monitoring wells installed by, or on behalf of, <br /> CONOCOPHILLIPS on the Property. Notwithstanding the foregoing,the Parties understand and <br /> agree that CONOCOPHILLIPS's ability to make such repairs and restoration may be limited by <br /> CRWQB-CVR's review and approval. <br /> 7. Reports. CONOCOPHILLIPS shall provide OWNER with copies of final results <br /> related to the Environmental Work on the Property. <br /> 8. Assignment. This Agreement may not be assigned by any Party without the <br /> prior written consent of the non-assigning Party, which consent shall not be unreasonably <br /> withheld_ <br /> 9. Change in Property Ownership. OWNER shall notify CONOCOPHILLIPS of <br /> any change in ownership within five(5)days of the sale of the Property. <br /> 10. Termination. CONOCOPHILLIPS makes no representation or warranty <br /> regarding the length of time required for CONOCOPHILLIPS to complete its requirements under <br /> this Agreement. Any Environmental Work arising from the Contamination on the Property shall <br /> continue until the CRQCB-CVR, or the governmental entity with jurisdiction over the <br /> Environmental Work, agrees to a risk-based closure and provides a statement in writing <br /> indicating that"no further action" is required at this time. At such time that CONOCOPHILLIPS <br /> provides to OWNER a copy of the "no further action" letter or similar letter evidencing same, <br /> CONOCOPHILLIPS shall have no further Environmental Work obligations under this <br /> Agreement_ <br /> 11. Notices. Any notice provided for herein or otherwise required to be given <br /> hereunder shall be deemed received when personally served or three (3)days after mailing by <br /> certified or registered United States mail, return receipt requested, postage prepaid, or by <br /> facsimile machine, with transmission and receipt confirmed, or by nationally recognized <br /> overnight delivery service,addressed as follows: <br /> To Owner: Stockton Port Property LLC <br /> 301 S. Soderquist Road,Suite 200 <br /> Turlock, CA 95380 <br /> Attn: TW Starkweather, President <br /> Phone: (209)632-4600 <br /> Facsimile: (209)632-1636 <br /> With Copies To: Monte Vista Commercial Real Estate <br /> 1501 North Broadway,Suite 320 <br /> Walnut Creek,CA 94596 <br /> Attn: Stephen McAdams <br /> Phone: (925)945-1100 <br /> Facsimile: (925)296-9629 <br /> 4 <br /> SAN JOAQUIN(SJ),CA Page 4 of 9 Printed on 11/25/2013 11:45:42 AM <br /> Document:AGR 2007.140708 <br />