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1 <br /> longer pose a significant risk to children and adults as set forth under Section 17213.2(d)(2)of <br /> the California Education Code ("DTSC Approval Costs"),to the extent and only in the <br /> proportion that the DTSC Approval Costs are directly related to contamination related to and <br /> resulting from the operation of the former Shell Pipeline. Shell shall have the right to audit the <br /> DTSC Approval Costs to confirm that they are commercially reasonable and directly related to <br /> contamination resulting from the operation of the former Shell pipeline. If Trimark, rather than <br /> Shea,processes the DTSC approval/certification contemplated above, Shea's right to <br /> reimbursement from Shell set forth above shall apply to and benefit Trimark. <br /> (d) Shell further agrees to provide Trimark and Shea with copies of all final <br /> plans and final reports (along with the data and analysis which are part of said plans and/or <br /> reports)within 5 days of Shell's receipt of the same. <br /> (e) Shell shall give Trimark and Shea not less than forty-eight(48)hours <br /> advance written notice of its intention to perform any Work on the Property so that Trimark and <br /> Shea have adequate opportunity, if they so desire,to have their representative(s) and/or <br /> consultant(s)present during the performance of such activities ("Entry Notice"). <br /> 3. Shell shall: <br /> (a) Keep the Property free and clear of any liens arising out of Shell's <br /> activities (and/or the activities of Shell's agents, employees,representatives, consultants, <br /> contractors and/or subcontractors) at or on the Property and discharge at once all liens and <br /> attachments arising out of Shell's activities(and/or the activities of Shell's agents, employees, <br /> representatives, consultants, contractors and/or subcontractors) at or on the Property. <br /> (b) Perform Restoration Activities (including,but not limited to,backfill and <br /> compaction following excavation) at the Property following any Assessment Activities or <br /> Remediation Activities performed by or on behalf of Shell(or any agents, employees, <br /> representatives, consultants, contractors and/or subcontractors of Shell), and repair any and all <br /> damage to the Property caused by Shell (and/or Shell's agents, employees, representatives, <br /> consultants,contractors and/or subcontractors)or any Work conducted by or at the direction of <br /> Shell. All Restoration Activities and/or repair of the Property shall be performed pursuant to <br /> written plans(which plans shall include,among other things, a schedule for performance) <br /> approved in writing by Trimark and Shea(which approval shall not be unreasonably withheld, <br /> conditioned or delayed), and all plans for Restoration Activities and repair(including,without <br /> limitation, the specifications and parameters contained therein for backfill and compaction, <br /> engineered soils, etc.) shall take into consideration the contemplated use and development <br /> (including development and dedication schedules) of the Property. With the exception of dirt <br /> actually excavated in connection with Remediation Activities, no dirt from the Property shall be <br /> used in connection with any Restoration Activities or repair of the Property except as specifically <br /> agreed to in writing by Trimark and Shea. Shell,Trimark and Shea acknowledge and agree that <br /> minimum relative compaction as high as ninety-five percent(95%) will be required in <br /> connection with the Restoration Activities and repair of the Property. Trimark and Shea shall <br /> notify Shell in writing of the prescribed minimum relative soil compaction density or densities <br /> Site Access Agreement(Mountain House-Neighborhood C&D) <br /> Page 4 of 11 <br /> 94205,3 <br />