Laserfiche WebLink
samples (including,without limitation, soil, groundwater, and other media)taken by the Chevron <br /> Entities during their performance of the Work on the Property. Chevron agrees that the Work <br /> shall be conducted and performed by the Chevron Entities in a good and workmanlike manner <br /> and Chevron shall be solely responsible for the prompt payment of all costs and expenses <br /> incurred in connection therewith including,without limitation,all laboratory, installation, <br /> operating and capital costs,all insurance premiums,all consultants fees, all disposal costs and all <br /> attorneys and experts fees. Promptly following completion of the Work or removal of any other <br /> materials,wastes or other substances from the Property(whether in soil, groundwater, <br /> construction debris or otherwise)including,without limitation, any Hazardous Substances (as <br /> defined in Section 17 below)(collectively, "Wastes") and in all events within ten(10) days <br /> thereafter, Chevron at its sole cost and expense shall arrange for the removal,packaging, <br /> labeling, transfer and disposal of all such Wastes in compliance with all applicable <br /> Environmental Laws and in accordance with Section 8 below. While on the Property, all such <br /> Wastes shall be properly and securely stored in compliance with all applicable Environmental <br /> Laws. Chevron shall be solely responsible for the preparation and maintenance of any required <br /> waste manifests necessary for the transport and disposal of any Wastes from the Property, and <br /> Chevron shall be listed therein as the generator of all such Wastes. <br /> (c) With respect to the installation or relocation of any monitoring wells <br /> installed on the Property by the Chevron Entities, Chevron shall consult with Catellus to locate <br /> such wells (consistent with the requirements of each Governmental Authority) in locations <br /> identified by Catellus to minimize impacts on future construction and development on the <br /> Property. If, after installation, such monitoring wells are affecting Catellus' ability to develop <br /> the Property, Catellus may advise Chevron in writing that such installed monitoring wells are <br /> hindering its ability to develop the Property. Within ten(10)business days of receiving such <br /> notice, Chevron agrees to seek approval from any applicable Governmental Authority to remove <br /> and close the wells in question and to relocate such wells if deemed necessary. Any removal or <br /> restoration work for such wells shall be conducted in accordance with Section 8 below. <br /> 4. Results and Reports. Upon receipt of laboratory data results from the Work, <br /> Chevron shall immediately send the laboratory results to of Catellus by facsimile at(310) 618- <br /> 0698, e-mail at CmcPhee@prologis.com, or overnight delivery and free of charge. The <br /> transmission of these results will occur within five(5) business days from the date Chevron <br /> receives the results from the laboratory, and before Chevron submits these results to any <br /> Governmental Authority. Concurrently with the submission of any Governmental Authority, <br /> Chevron shall provide Catellus,free of charge, with a copy of any Reports(as defined in <br /> Section 17 below) submitted to any Governmental Authority;provided,however, that copies of <br /> final drafts of any Reports that Chevron proposes submitting to a Governmental Authority first <br /> reporting the results of the Work permitted under this Agreement shall be submitted to Catellus <br /> no less than five(5)business days prior to submission of the same to such Governmental <br /> Authority. All Reports and drafts of Reports shall be sent to Charlie McPhee,Catellus Tracy, <br /> LLC, 2377 Crenshaw Boulevard, Suite 251,Torrance, California 90501,Phone: (310)781-1100, <br /> Fax: (310) 618-0698,with the original delivered personally,by private courier with <br /> acknowledgment of receipt, or mailed by certified or registered mail,return receipt requested, <br /> and postage prepaid. Further,concurrently with the delivery and promptly following the receipt, <br /> Chevron shall deliver to Catellus copies of any written communications received by the Chevron <br /> 3 <br />