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r � <br /> (� ,,� ( �✓ iossznm_ <br /> I data provided to them by Plaintiffs and that the Plan to be developed for Remediation <br /> 2 shall address the extent of Contamination as identified by that data. Nothing in this <br /> 3 paragraph, or any other part of this Judgment, limits the responsibility of Chevron and <br /> 4 Texaco solely to the Contamination identified by Plaintiffs' data. <br /> 5 (b) Texaco and Chevron shall have complete authority and control over, <br /> 6 and responsibility for, the Remediation subject to the specific terms of this Judgment. <br /> 7 Plaintiffs agree to exercise their best efforts to cooperate with Texaco and Chevron in the <br /> 8 performance of their obligations under this Judgment, including providing Texaco and <br /> 9 Chevron convenient access to the Subject Property. It is understood that Plaintiffs do <br /> 10 not have legal access to the South Site at the present time. SP, as part of this Judgment, <br /> 11 shall provide to Chevron, Texaco and Plaintiffs convenient access, subject to its standard <br /> 12 conditions for providing access over rights of way, over its land adjacent to the Subject <br /> 13 Property so that Chevron, Texaco and Plaintiffs can fulfill their obligations under this <br /> 14 Judgment, and shall otherwise cooperate in permitting all parties to perform their <br /> 15 obligations under this Judgment. <br /> 16 (c) Subject to any reasonable delay pursuant to paragraph 8 below, <br /> 17 Texaco and Chevron shall formulate and submit to the Regional Board a plan for <br /> 18 cleanup and any additional investigation, if necessary, of the Contamination (the "Plan") <br /> 19 within 45 days from the entry of this Judgment <br /> 20 The Plan shall set forth a cleanup plan which must: <br /> 21 (i) Propose a cleanup program, based upon a risk assessment <br /> 22 approach, relying on the data provided by Plaintiffs to Texaco and Chevron, in <br /> 23 compliance with all applicable state, federal and local statutes, regulations, rules, <br /> 24 protocols, requirements and ordinances. Chevron and Texaco will bear the financial <br /> 25 responsibility of implementing any recommendations for remediation which are derived <br /> 26 from the risk assessment undertaken pursuant to this Judgment <br /> 27 (ii) Take into account and be consistent with Plaintiffs' intended <br /> 28 use of the Subject Property, which is to develop the South Site as residential property, <br /> Uw t FFM For PhiotiK For Toow: <br /> WAM&FMOENiiQ' Consent Judgment and Decree DDCT� For Cbcw": — <br /> "�"`m' aw For PLixiR For SP: <br /> 10 WAalOrµWMA Div.Tracy Pr rtoerL_ 5 <br />