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items used in connection with the Work, and repair and restore the Property to its condition as it existed immediately prior to the Chevron Entities' entry upon the Property and performance thereon of the Work and leave the Property in a neat, clean, safe and sightly condition. Chevron acknowledges and agrees that all Wastes, drill cuttings, or other materials generated from the Work shall be the sole and exclusive property of Chevron. All removal, repair and restoration work shall be completed by the Chevron Entities in a good and workmanlike manner with reasonable diligence, in compliance with all applicable laws and regulations (including, without limitation, all Environmental Laws and all requirements of each Governmental Authority). At Catellus' discretion and sole expense, Catellus and its designated representatives may observe the repair and restoration activities. 9. Survival of Provisions. Notwithstanding the expiration or earlier termination of the License granted by this Agreement, Chevron's obligations under Sections 6, 7, 8 and 13 of this Agreement shall survive and remain in full force and effect. 10. No Admission. In entering into this Agreement or in performing or permitting the j performance of the Work in, at, under or about the Property, neither Catellus nor Chevron admits or acknowledges, nor shall Catellus or Chevron be deemed to have admitted or acknowledged, liability for the presence of any Hazardous Substances or other substances or chemicals in the soil or groundwater at or about the Property. 11. Entire Agreement, Modification. This Agreement contains the entire understanding and agreement between Catellus and Chevron with respect to Chevron's access to j the Property for the purpose of performing the Work, and all prior and contemporaneous understandings and agreements between Catellus and Chevron, whether oral or written, are merged herein and are of no further force or effect. This instrument may be modified only by a writing signed by both Catellus and Chevron. Within five (5)business days of any written request by Catellus, Chevron shall execute and deliver to Catellus an amendment to this Agreement incorporating such changes and modifications as may be requested by any lender with a security interest in the Property. 12, Attorneys' Fees. In the event of any litigation between Catellus and Chevron arising out of or concerning the Property, this Agreement or the rights and obligations of Catellus and Chevron in connection thereto, the prevailing party in such litigation shall be entitled to its reasonable attorneys' fees and costs of such action. 13. Successors and Assigns. Subject to the terms and provisions of this Agreement limiting the right of assignment,this Agreement shall bind and inure to the benefit of Catellus, any transferee of the Property, any assignee of the Property, and any lender to Catellus or such transferee, and Chevron and each of their respective successors, assigns, and legal representatives;provided,however, that Chevron may not assign its rights under this Agreement without the prior written consent of Catellus, which consent may be given or withheld in Catellus' sole and absolute discretion. 14. Time of the Essence. Catellus and Chevron acknowledge and agree that time is of the essence with respect to the performance of their respective obligations under this Agreement. C:'Ibnsnu..e SwiyYAFIQL.a1s.m.et.T.q/c.hib.A..w n{.duc 6