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1000 FedEx Drive, Attn.Environmental Services <br /> Moon Township,PA 15108 <br /> Email: debra.gehm@fedex.com <br /> Tel: 412-262-6291 <br /> Mobile: 412-874-2977 <br /> Fax: 412-859-2232 <br /> With a copy to: <br /> Albert Cohen <br /> Loeb &Loeb, LLP <br /> 10100 Santa Monica Blvd., Suite 2200 <br /> Los Angeles, CA 90067-4164 <br /> Email: acohen@loeb.com <br /> Tel: 310.282.2228 <br /> Fax: 310.919.3825 <br /> 21. Acts in Furtherance of This Agreement. For the duration of this Agreement, <br /> each Party will,when requested to do so by another Party, execute,acknowledge and deliver, or <br /> cause to be executed,acknowledged or delivered,any and all such further instruments, <br /> documents, and do any and all other acts, as may be reasonably necessary to accomplish the <br /> intent of this Agreement. <br /> 22. No Admissions. Nothing contained in this Agreement, nor the existence thereof, <br /> shall be construed as an admission of any fact or liability on the part of any Party. <br /> 23. Attorneys' Fees. If any suit, action or proceeding is brought to enforce the terms <br /> of this Agreement,the prevailing party shall be reimbursed for its reasonable attorneys fees and <br /> costs including,but not limited to,the costs of experts and consultants. <br /> 24. Liens and Claims. Shell shall not suffer or permit to be enforced against the <br /> Property, or any part thereof, any mechanic's,materiahnen's,contractors,' or subcontractors' <br /> liens arising from, or any claim for damage arising out of,the Work to be performed on the <br /> Property. Shell shall indemnify FedEx, its officers, directors,employees, agents,representatives, <br /> partners and property free and harmless from all liability for any and all such liens,claims and <br /> demands. <br /> 25. Effective Date. This Agreement Shall take effect on the date that FedEx takes <br /> title to the Property. <br /> End of text. Signatures on following page. <br /> I <br /> i <br /> DM#59134 v:17 TRACY,CA-Shell accesstindemnity agreement <br />