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laws, and any public health or safety concerns. SOPUS shall promptly inform FedEx in writing
<br /> if there is any reason why the Property cannot be restored within the fourteen day period.
<br /> 4. Mutual Cooperation. FedEx agrees to reasonably cooperate with SOPUS to
<br /> facilitate the activities undertaken by SOPUS in connection with the Work. SOPUS agrees to
<br /> coordinate the Work with FedEx, and to use reasonable efforts to minimize any inconvenience
<br /> the Work may cause to the business operations of FedEx at the Property. SOPUS further agrees,
<br /> to the extent reasonably possible and as permitted by the RWQCB,to locate any monitoring
<br /> wells that may be required by the RWQCB on the Property so as to minimize any interference
<br /> with the construction or business operations of FedEx. If the development activities of FedEx on
<br /> the Property require that a monitoring well be relocated and such relocation is permitted by the
<br /> RWQCB,SOPUS agrees to relocate such well at its sole cost and expense. SOPUS fiuther
<br /> agrees to maintain its equipment and other materials in an orderly manner while they are located
<br /> on the Property, and shall use reasonable efforts to promptly remove all debris,trash, soil
<br /> cuttings,purged water equipment, and other materials caused or generated as a result of SOPUS'
<br /> activities on the Property within fourteen(14)days,provided it can do so in compliance with all
<br /> regulatory or governmental agency regulations or directives, all applicable laws, and any public
<br /> health or safety concerns. SOPUS shall promptly inform FedEx in writing if there is any reason
<br /> why such materials cannot be removed within the fourteen day period.
<br /> 5. Notice. SOPUS shall provide at least five business days' written notice to FedEx
<br /> prior to initiating Work at the Property, and at least twenty-four(24)hours' notice by phone,fax
<br /> or email for any activity thereafter. FedEx shall provide at least five business days written notice
<br /> to SOPUS prior to beginning any trenching, excavation, or other construction work in the
<br /> vicinity of the Easement. SOPUS agrees to have personnel available on site during grading,
<br /> trenching and/or excavation activities in the vicinity of the Easement to observe such activities,
<br /> and to characterize,handle,and dispose of any petroleum impacted soils caused or impacted by
<br /> the operation of the pipeline, and any remaining segments of the Pipeline that may be
<br /> encountered and interfere with FedEx's development of the Property. Shell shall be responsible,
<br /> at its sole cost and expense,for the prompt characterization,handling,and disposal of such soils
<br /> and Pipeline segments in compliance with all appropriate laws,regulations, agency requirements
<br /> or directives,including those related to the handling,manifesting and offsite disposal of such
<br /> soils or Pipeline segments. In the event FedEx encounters possible petroleum hydrocarbon
<br /> impacts during activities in the vicinity of the Easement,FedEx shall provide prompt written
<br /> notice to SOPUS so that SOPUS can make arrangements to have someone on the Property to
<br /> observe,take samples, and handle and dispose of any petroleum-impacted soil or Pipeline
<br /> segments in compliance with all appropriate laws,regulations,agency requirements or directives
<br /> including those related to the handling, manifesting and offsite disposal of such soils or Pipeline
<br /> segments.
<br /> 6. Split Samples. FedEx shall have the right to be present during SOPUS's Work at j
<br /> the Property, and shall have the right, at its own expense,to take split samples. If FedEx takes
<br /> any split samples,FedEx shall provide SOPUS with all chain of custody, sampling
<br /> documentation, and laboratory data generated in connection with such split sampling. In
<br /> addition, SOPUS shall have the right to be present during excavation or construction by FedEx in
<br /> the vicinity of the Easement,and shall have the right, at its own expense,to take split samples. If
<br /> SOPUS takes split samples,SOPUS shall provide FedEx with all chain of custody, sampling
<br /> DM#59134 v: 17 TRACY,CA-Shell access/indemnity agreement -
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