SITE INFORMATION AND CORRESPONDENCE_FILE 1

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w6M(- 1 Texaco on the one hand and Plaintiffs, or Plaintiffs' successors, on the other, such liability 2 shall be apportioned among the liable parties according to their respective faults. 3 6. SOLE REMEDY. This Judgment shall constitute the sole remedy of 4 Plaintiffs and Plaintiffs' successors in interest as against Texaco and Chevron, their 5 affiliate companies, directors, officers, employees and representatives for any and all 6 liabilities, damages, claims and/or causes of action arising from, or related to, the 7 Contamination_ Nothing in either this paragraph, or any other part of the Judgment, s shall preclude any action, motion or proceeding by Plaintiffs or Plaintiffs' successors in 9 interest against Texaco and/or Chevron to either enforce the Judgment, or to recover 1 o damages proximately caused by any breach of the Judgment. 11 7. RIGHT TO LITIGATE. Texaco and Chevron reserve the right to litigate 12 with the relevant government authority any order covered by this Judgment that Chevron 13 and/or Texaco believe to be legally flawed. Plaintiffs agree not to interfere with such a 14 challenge. Texaco and Chevron shall conduct such challenge in a manner so as to avoid, is within reason, any adverse economic impact on Plaintiffis. 16 8. RISK ASSESSMENT. With respect to the South Site, Texaco and 17 Chevron shall commence and complete a health risk assessment prior to submittal of the 18 Plan to the Regional Board. Among other things, the health risk assessment shall, based 19 upon available data, establish that any residual Contamination on the South Site 20 following such cleanup poses no unacceptable health risk to residents or their visitors if 21 such property were to be used for residential purposes, in accordance with criteria 22 acceptable to, or approved by, responsible governmental agencies. The parties 23 understand that if prior health risk assessments performed by Chevron for similar 24 petroleum substances are acceptable to the Regional Board, the schedule set forth in 25 paragraph 4 above, can be met. If the Regional Board does not permit use of such prior 26 assessments, it will not be possible to submit a plan to the Regional Board within 45 days 27 of the execution of this Judgment. Nevertheless, based upon their current knowledge of 28 , the nature and extent of the Contamination, Texaco and Chevron do expect that the Plan LAW OR= WAAE a FFEX)ENFCHDFor Tcx a Consent Judgment and Decree DDCT� Fac Che" - — ..w.i,w AD" For slot -For SP: 8 Div.Tray Pwtm=