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WORK PLANS_FILE 1
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3500 - Local Oversight Program
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PR0545229
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WORK PLANS_FILE 1
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Last modified
1/24/2020 11:25:32 AM
Creation date
1/24/2020 11:10:40 AM
Metadata
Fields
Template:
EHD - Public
ProgramCode
3500 - Local Oversight Program
File Section
WORK PLANS
FileName_PostFix
FILE 1
RECORD_ID
PR0545229
PE
3526
FACILITY_ID
FA0003903
FACILITY_NAME
TOSCO CORPORATION #31258
STREET_NUMBER
4707
STREET_NAME
PACIFIC
STREET_TYPE
AVE
City
STOCKTON
Zip
95207
APN
10816004
CURRENT_STATUS
02
SITE_LOCATION
4707 PACIFIC AVE
P_LOCATION
01
P_DISTRICT
002
QC Status
Approved
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EHD - Public
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7. Access. <br /> (a) Upon reasonable notice. Purchaser shall permit, under the following <br /> conditions specified in this Section, access to and entry upon a 76 Asset to Seller and <br /> Seller's independent contractors as necessary: (i) to conduct Baseline Corrective Action, <br /> if Seller elects to assume control of such action; and (ii) to observe and monitor Baseline <br /> Corrective Action. <br /> (b) If Seller assumes control of Baseline Corrective Action, except in the event <br /> of an emergency, Seller shall provide Purchaser with at least five (5) business days notice <br /> prior to commencement of any drilling, construction, or equipment installation, and any <br /> other activity that may unreasonably disrupt normal business operations at a 76 Asset. If <br /> any such activity will likely cause an unreasonable disruption, Seller shall reschedule the <br /> activity to a reasonable mutually convenient time in order to minimize the disruption. <br /> Purchaser shall not unreasonably interfere with Seller while Seller exercises its rights of <br /> ingress and egress to conduct Baseline Corrective Action. Seller shall use reasonable <br /> efforts to conduct Baseline Corrective Action in a manner which minimizes disruption to <br /> the business activities at a 76 Asset. Seller shall take steps reasonably necessary to <br /> prevent injury to persons or damage to property resulting from or in any way connected <br /> with such Baseline Corrective Action it conducts, including adherence to Purchaser's <br /> safety rules and procedures. <br /> (c) Within a reasonable period of time after completion of Baseline Corrective <br /> Action at a 76 Asset where Seller has assumed control of such action, Seller shall restore <br /> such 76 Asset to substantially the condition which existed immediately prior to Seller's <br /> commencement of Baseline Corrective Action. No claim for special, exemplary, <br /> consequential or indirect damages, or for lost profits, shall be asserted by Purchaser <br /> against Seller in connection with Baseline Corrective Action performed by an <br /> independent contractor. Purchaser shall have the right to pursue such damage claims <br /> against the independent contractor. No contractor, subcontractor, materialman, agent, <br /> officer, director or employee of Seller shall have any right to a lien, against a 76 Asset or <br /> any part thereof for any work, labor or materials furnished to Seller for the actions <br /> performed thereon, unless otherwise required by applicable law. <br /> (d) Purchaser shall reimburse Seller for all damages, losses, costs, penalties, <br /> fines and assessments which Seller incurs if reasonable access to a 76 Asset is not <br /> granted to Seller in accordance with this Agreement. Purchaser shall reimburse Seller <br /> for any out-of-pocket damages in excess of $1,000 that Purchaser and its employees, <br /> agents, lessees, occupants of a 76 Asset or contractors cause, as a result of injury to any <br /> test or monitoring well, remediation equipment and/or associated piping, or any other <br /> property or equipment installed or otherwise used by Seller in connection with its <br /> Baseline Corrective Action ("Remediation Equipment"), but no claim for special, <br /> exemplary, consequential or indirect damages, or for lost profit shall be asserted by <br /> Seller in connection therewith against Purchaser. However, Seller shall have the right to <br /> pursue such damage claims against any independent contractor. All Remediation <br /> 9. <br />
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