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r � <br /> - zoaa�m <br /> 1 (f) Texaco and Chevron shall use their best efforts to obtain from the <br /> 2 Regional Board a letter confirming that the facilities and equipment approved for <br /> s cleanup of the Contamination have been implemented pursuant to the Plan (as may have <br /> 4 been amended pursuant to regulatory requirements) and that no further action will be <br /> s required at that time, and shall use their best efforts to obtain such letter within 30 days <br /> s from the completion of the implementation of the Plan. The parties understand that <br /> 7 there is currently no legal mechanism to compel the Regional Board to issue the letter <br /> s contemplated by this paragraph. <br /> 9 (g) With respect to the North Site, Texaco and Chevron shall endeavor <br /> 10 to conduct the Remediation within parcel 1 as identified on the attached Exhibit A- <br /> ll 5. INDEMNITY AND HOLD HARMLESS. <br /> 12 (a) Texaco and Chevron, and each of them, jointly and severally, agree <br /> 13 to indemnify, defend and hold Plaintiffs harmless for any and all liabilities, damages, <br /> 14 losses, costs, expenses, orders,judgments, and claims of any kind, whether meritorious or <br /> 15 not, arising from any and all claims or demands of any third party, including, without <br /> 16 limitation, any governmental or regulatory agencies, resulting from or related to the <br /> 17 Contamination, the Remediation or the implementation or completion of, or failure to <br /> 18 complete, the Plan. <br /> 19 (b) Said indemnity shall: <br /> 20 (i) Inure to the benefit of all Plaintiffs' successors and assigns <br /> 21 (including, without limitation, purchasers of all or any portion of the Subject Property) <br /> 22 and any and all lenders who lend money to Plaintiffs or their successors or assigns and <br /> 23 whose loans are secured by the Subject Property. <br /> 24 (ii) Not indemnify Plaintiffs for any liabilities, losses, damages or <br /> 2s claims to the extent caused by Plaintiffs' fraud or negligence, or that of Plaintiffs' officers, <br /> 26 agents, employees, representatives and/or successors in interest. As used herein, "caused" <br /> 27 shall not mean mere ownership or maintenance of or failure to abate any Contamination <br /> 28 on the Subject Property. To the extent any Contamination is caused by Chevron and/or <br /> tIw OFHMFor� For Tmoa <br /> Wim` ' Consent Judgment and Decree DDC Tnaw _ F«caM� _ <br /> �wvso tMOMMI i For rhenlff For SP. <br /> M WAILMM MOM Div.TracyPrvnaL __ 7 <br />