SITE INFORMATION AND CORRESPONDENCE

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including in relation to health and safety requirements. Equilon will be responsible for the prompt removal, treatment and/or disposal of any contaminated soil or water associated with the Work, as well as the removal of all equipment associated with the performance of the Work. Any time Equilon and its affiliates depart the Property, they are responsible for securing the Property by closing any gates and relocking doors and gates. Entrance into the on-site building requires use of an alarm code, which will be provided by Owner if required. Equilon and its representatives shall label all drummed materials that are left at the Property overnight, even if such labeling is not otherwise required by law. The labels will describe the contents and who generated it, including contact information. Equilon or its representative shall immediately inform Owner if it has been observed that the perimeter fence has been compromised in any way. 7. Mutual Cooperation. Equilon shall take all necessary precautions to avoid unreasonable disruption to Owner's use or development of the property and to avoid unnecessary damage to the Property. Equilon agrees to coordinate its activities with Owner and provide reasonable notice prior to all activities conducted on the Property. Owner agrees to cooperate with Equilon, and execute any additional documents that may reasonably be required to effectuate the purpose of this Agreement, including execution of necessary permit applications. Owner further agrees not to interfere with the Work. 8. Site Restoration. Equilon agrees, upon completion of the Work contemplated by this Agreement, to restore the surface of the Property disturbed by Equilon and/or its environmental consultants during the Work to as close to its condition existing at the time the Work began as is reasonably possible. Any monitoring wells installed by Equilon will be properly capped at grade level pursuant to applicable regulations. 10. Indemnity. Equilon agrees to indemnify, defend, and hold Owner harmless from and against claims, causes of actions, judgments, or liabilities from personal injury, death, or property damage caused by Equilon's performance of the Work, except to the extent that any of same may be attributed, whether in whole or in part, to the negligence, gross negligence, or intentional act of Owner or anyone acting on Owner's behalf. Equilon further agrees to indemnify, defend, and hold Owner harmless from and against liabilities, costs, expenses, fines, or judgments resulting from an agency order or statutory requirement imposed by an environmental authority for the investigation or remediation of hazardous materials, including hydrocarbons, attributable to Equilon's operations at the Property. This indemnity is separate from any other indemnification agreements between the parties, and shall terminate at the time the Work is complete (i.e. when a notice has been issued by the governmental entity with appropriate jurisdiction that no further activities are needed), and be of no further force or effect. Owner shall give prompt notice to Equilon of any claim or alleged liability hereunder and Owner shall reasonably cooperate with Equilon in defending or resisting such claims. Provided that Equilon pursues the Work obligations in a reasonable and efficient manner, Equilon's indemnification obligation shall not include direct or indirect economic loss attributable to short term business interruptions as a result of Equilon's activities on the Property. EXCEPT AS SET FORTH HEREIN EQUILON SHALL NOT BE LIABLE TO OWNER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE COST, EXPENSE, LOSS, OR DAMAGE. 2