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t N <br /> mea <br /> 1 and the North Site as commercial property, as portrayed on the attached Exhibits A and <br /> 2 B. <br /> 3 (iii) Be approved or approvable by all regulatory and <br /> 4 governmental entities having jurisdiction over the Subject Property. The Plan shall be <br /> 5 submitted to the Regional Board, with copies to the County of San Joaquin and the City <br /> s of Tracy. <br /> 7 (d) Texaco and Chevron shall use their best efforts to implement the <br /> 8 Plan, as formulated and submitted pursuant to paragraph 4(c) above, by the completion <br /> s of construction of approved facilities and equipment within 180 days of the approval of <br /> lo the Plan by the Regional Board. Texaco and Chevron shall also have the discretion, in <br /> 11 their sole judgment, to commence implementation of the Plan prior to approval by the <br /> 12 Regional Board. Such implementation shall be performed by an experienced and <br /> 13 licensed environmental contractor. Based upon their present understanding of the nature <br /> 14 and extent of the Contamination, Texaco and Chevron believe that Remediation <br /> 15 pursuant to the Plan could likely be completed within 12 months of commencement of <br /> 16 implementation of the Plan. The parties also understand, however, that in the course of <br /> 17 preparing and implementing the Plan, circumstances may occur which could extend the <br /> 18 completion of the Remediation pursuant to the Plan beyond 12 months. Texaco and <br /> 19 Chevron will file with the appropriate regulatory agencies and provide to Plaintiffs an <br /> 20 engineer's report and Certificate of Compliance, where appropriate, indicating that the <br /> 21 work has been performed according to the Plan and will provide a letter to Plaintiffs <br /> 22 stating that the Remediation has been completed and was performed in conformance <br /> 23 with the Plan. <br /> 24 (e) It is the intention of the parties that the Remediation not have an <br /> 2s adverse economic impact on Plaintiffs. Accordingly, Texaco and Chevron shall <br /> 26 implement the Plan and otherwise conduct the Remediation contemplated by this <br /> 27 Judgment in a manner so as to avoid, within reason, any adverse economic impact upon <br /> 28 Plaintiffs. - <br /> LWOFFM <br /> WAFW L FF EIDENFUCN For PW.Wff For Tcamw <br /> Consent Judgment and Decree DMTruuc For Cbevr,o: _- <br /> � � For HrrIQ =For SF: 6 <br /> Div.Teq wPte: - <br />