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documentation, and laboratory data generated in connection with such split sampling.
<br /> 7. Site Restoration. SOPUS further agrees,upon completion of the Work,to
<br /> restore the surface of the Property,to the extent reasonably possible,to the same or reasonably
<br /> similar condition as before the Work.
<br /> 8. Condition of the Property. In entering the Property, SOPUS accepts the
<br /> Property conditions as may exist from time to time without any representation or warranty of
<br /> FedEx,and without any duty of FedEx to warn of any conditions. Accordingly, SOPUS agrees
<br /> to assume all risks to SOPUS and its contractors and subcontractors associated with entry and
<br /> presence on the Property.
<br /> 9. No Duty to Inspect. FedEx shall have no duty to inspect the property to which
<br /> this Agreement applies and,except for those statutory warning requirements that may not be
<br /> waived, no duty to warn any person of any latent or patent defect, condition,or risk that might be
<br /> incurred in the exercise of the rights granted herein.
<br /> 10. Entry at Own Risk. All persons who enter the Property pursuant to this
<br /> Agreement shall enter upon the Property at their own risk. Such persons shall observe all
<br /> applicable laws and regulations and shall comply with all instructions and directions of the
<br /> authorized agents of FedEx.
<br /> 11. No Liability for Injuries. FedEx shall not be liable for any injury of any kind to
<br /> any person entering upon the Property under this Agreement except for injuries caused by the
<br /> negligent,willful or intentional conduct of FedEx,its agents, employees,contractors,
<br /> subcontractors,or any other person acting on behalf of, or at the direction of,FedEx.
<br /> 12. Indemnification. Shell agrees to defend, indemnify and hold FedEx,FedEx
<br /> Corporation,the independent service providers of FedEx and each of their officers,directors,
<br /> shareholders, employees, agents,representatives, contractors, subcontractors,tenants,parents
<br /> and successors,harmless from(1) any and all claims, expenses,demands,orders,damages,
<br /> losses,injuries,liability or costs asserted by any third party,and incurred as a result of SOPUS'
<br /> Work on the Property, or Shell's operation of the Pipeline,including the release of crude oil,
<br /> petroleum products,their constituents or any other hazardous material from the Pipeline; and(2)
<br /> any environmental requirements, demands,requests, orders or directives issued to FedEx by the
<br /> RWQCB or other authorized governmental agency or entity regarding any environmental
<br /> contamination on the Property related or allegedly related to the operation of the Pipeline or any
<br /> release of crude oil,-petroleum products,their constituents, or any hazardous materials that
<br /> originated or allegedly originated from the Pipeline. In the event that a claim under this Section
<br /> 12 arises, FedEx will promptly notify SOPUS of any such claim in writing and provide SOPUS
<br /> with all reasonably relevant documentation constituting or relating to any such claim. The
<br /> failure to notify SOPUS within 30 days shall not invalidate Shell's indemnity obligation.
<br /> However, its indemnity obligation shall be reduced to the extent that it can establish that it has
<br /> been prejudiced by the delay in providing notification. SOPUS shall notify FedEx within thirty
<br /> (30)days after receipt of such notice whether it will assume the defense of such claim,in which j
<br /> case SOPUS shall defend,litigate,or settle any such claim with counsel of its choosing, and
<br /> investigate and remediate any such environmental contamination with consultants and counsel of
<br /> DM#59134 v: 17 TRACY,CA-Shell accesslindemnity agreement
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