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1. A 300 LF section of the easement is known to have contaminated soils and the cost to <br /> remove the 6' of backfill material shall be reimbursed to Grantor by Shell on a T&M <br /> basis.(see attached Teichert Construction T&M schedule) <br /> 2. Should, upon further observations, other areas of the 2100 LF pipeline be determined <br /> to have contaminated soils, Shell shall reimburse Grantor for removal of the 6' of <br /> overburden on the additional section(s) on the same T&M basis as described in <br /> reimbursement#1. <br /> 3. In areas of the pipeline easement in which no contamination is visually evident, the <br /> cost shall be borne by the Grantor. <br /> 4. If, upon subsequent analysis,any areas previously thought to be uncontaminated in#3 <br /> above were determined to be contaminated, #2 above would be invoked and Shell <br /> would reimburse the Grantor accordingly. <br /> 5. All Work Plans are to be reviewed and agreed to by Grantor and Shell prior to <br /> implementation or distribution to any State or Federal agencies. <br /> 6. Grantor and Shell further agree that time is of the essence and that severe monetary <br /> losses could be incurred by Grantor if prosecution of this site assessment and clean- <br /> up is delayed and that this agreement is being executed to avoid any losses by either <br /> ply. <br /> This Agreement is intended to and shall be construed only as a temporary license to enter <br /> the Property and to have a presence at and to conduct field observations of the clean up and site <br /> investigation being conducted by Grantor. Grantor agrees to provide Shell a copy of all site <br /> assessment reports as they become available. Shell agrees to provide timely copies of all of their <br /> site assessment reports as they become available and both parties agree to keep all reports and all <br /> information about such analysis and assessment confidential, unless State and/or federal agencies <br /> and/or law require the disclosure of any analysis and/or assessment. This license does not grant <br /> an easement or any other interest in the Property. <br /> Shell agrees to indemnify and defend Grantor from any and all claims for injury or <br /> damage arising out of or attributable to Shell's presence upon the Property unless said claims are <br /> the result of the negligence of the Grantor. <br /> Shell's right of entry shall terminate 5 days after receipt of written notice from the <br /> Grantor or upon completion of all investigation and satisfactory clean-up operations, whichever <br /> occurs first. <br /> /SIGNATURE PAGE FOLLOWS <br /> ORIGINAL <br />