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WHEREAS,by letter dated October 28, 2013,the RWQCB provided comments on the SCM; WHEREAS,on November 27, 2013, Shell submitted a Petition for Review to the State Water Board requesting that the State Water Board review certain comments in the October 28, 2013, letter; WHEREAS,the RWQCB and Shell have agreed to engage in a dialogue in an effort to resolve the issues raised in the Petition without intervention from the State Water Board; WHEREAS, SOPUS desires access to, and the right to enter upon,the Property to perform assessment and remediation activities on the Property in the vicinity of the Pipeline for the purpose of assessing and remediating petroleum hydrocarbon impacts arising from the operation of the Pipeline; WHEREAS,FedEx is willing to allow SOPUS to enter upon the Property for the purpose of assessing and remediating petroleum hydrocarbon impacts arising from the operation of the Pipeline; and WHEREAS,the Parties desire to memorialize their agreement with respect to Shell's activities on the Property and Shell's obligations in connection with the Property; NOW,THEREFORE,the Parties hereby agree as follows: 1. Grant of Access. As of the Effective Date,FedEx hereby grants to SOPUS, its contractors, subcontractors,employees,and agents, access to the Property to perform those activities identified in the SCM,as well as any other activities on the Property directed and approved by the RWQCB or other authorized agency,that arise from the operation of the Pipeline(the"Work"). SOPUS agrees that all such work shall be conducted at its sole cost and expense and shall comply with all applicable Federal, State, and local laws,regulations, requirements, and ordinances. In addition, SOPUS,its contractors, subcontractors, and other persons entering upon the Property at SOPUS' request,or for the purpose of performing the Work,shall comply with the security policies and procedures of FedEx(attached as Exhibit IIA"). 2. Documentation. At the time of submission to the agencies, SOPUS shall provide FedEx with copies of all data, environmental reports,work plans, and correspondence generated by SOPUS or on SOPUS's behalf and submitted to the RWQCB or any other regulatory agency in connection with its activities at the Property, and shall provide FedEx with copies of all correspondence from such agencies. 3. Term of Agreement. This Agreement shall continue in full force and effect until the RWQCB or other agency deems such Work complete;until the RWQCB or other agency determines that no further activities are required on the Property;or until this Agreement is terminated or suspended by FedEx upon thirty days written notice, In such case, SOPUS shall use reasonable efforts to immediately secure the area,withdraw from the area and restore the Property as required by the terms of this Agreement within fourteen days, provided it can do so in compliance with all regulatory or governmental agency regulations or directives,all applicable DIvI1159134 v:17 TRACY,CA-Shell access/indemnity agreement I