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grants Shell the right to enter upon the Property in the vicinity of the Pipeline for the purpose of:
<br /> (i)performing an environmental site assessment of surface and sub-surface conditions(which
<br /> assessment may include soil and groundwater sampling)to define the extent of Hazardous
<br /> Materials present on the Property in the vicinity of the Pipeline ("Assessment Activities"); (ii)to
<br /> perform remediation activities (including, without limitation,the excavation and removal of
<br /> petroleum hydrocarbon-affected soil and appropriate treatment of groundwater) and any required
<br /> monitoring necessary to remediate Hazardous Materials present on the Property in the vicinity of
<br /> the Pipeline("Remediation Activities"); and(iii)performing backfill, compaction,restoration
<br /> and repair associated with Remediation Activities and/or Assessment Activities("Restoration
<br /> Activities"). The Assessment Activities,Remediation Activities and Restoration Activities shall
<br /> be collectively referred to as the "Work". The right of entry granted to Shell herein is a
<br /> revocable license, and shall under no circumstances and in no manner be deemed to confer upon
<br /> Shell a right of possession or evidence of any interest in or to the Property.
<br /> "Hazardous Materials" shall mean petroleum and petroleum products and compounds
<br /> containing them, including, without limitation, gasoline,diesel fuel and oil; toxic, corrosive,
<br /> infectious, carcinogenic,mutagenic,explosive and flammable materials; radioactive materials;
<br /> polychlorinated biphenyls and compounds containing them; lead and lead-based paint; asbestos
<br /> or asbestos-containing material in any form that is or could become friable; urea formaldehyde
<br /> foam insulation; radon gas; underground or aboveground storage tanks, whether empty or
<br /> containing any substance; and any and all substances (whether solid, liquid or gas)now or in the
<br /> future which are regulated by Environmental Laws.
<br /> "Environmental Laws" shall mean any present or future federal, state, regional or local
<br /> law, statute,ordinance,rule,regulation, code,policy,rule of common law(including without
<br /> limitation nuisance and trespass), consent order,judicial order, administrative order or other
<br /> government directive, in each case amended or supplemented from time to time that applies to
<br /> the Property and relates to Hazardous Materials including, without limitation, those relating to
<br /> industrial hygiene,or the use, analysis,generation, manufacture, storage, discharge,release,
<br /> disposal,transportation, treatment, investigation, or remediation of Hazardous Materials. Any
<br /> soil or groundwater contaminated by Hazardous Materials at the Property in quantities or
<br /> concentrations violative of the most stringent applicable federal, state or local standard or
<br /> guidance or which reporting, investigation, remediation or other response action is considered for
<br /> purposes of this Agreement a violation of an Environmental Law. Environmental Laws include,
<br /> without limitation, those acts commonly referred to as the Comprehensive Environmental
<br /> Response,Compensation and Liability Act of 1980; the Superfund Amendments and
<br /> Reauthorization Ac; the National Environmental Policy Act; the Hazardous Materials
<br /> Transportation Act; the Resource Conservation and Recovery Act(including,without limitation,
<br /> Subtitle I relating to underground storage tanks); the Solid Waste Disposal Act; the Clean Water
<br /> Act; the Clean Air Act; the Toxic Substances Control Act; the Occupational Safety and Health
<br /> Act; the California Hazardous Waste Control Law, Cal. Health& Safety Code §25100, et seq.;
<br /> the Underground Storage of Hazardous Substances Act, Cal. Health & Safety Code §25280, et
<br /> seq.; the Hazardous Substance Account Act, Cal. Health & Safety Code §25300, et seq., Safe
<br /> Drinking Water and Toxic Enforcement Act of 1986, Cal. Health & Safety Code §25249.5-
<br /> 25249.13; the Porter-Cologne Water Quality Control Act, Cal. Water Code §13000, et seq.; the
<br /> Site Access Agreement(Mountain House-Neighborhood C&D)
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