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domain(other than as a result of Shell's violation of this paragraph 7) Shell, its agents, <br /> employees, contractors and subcontractors shall not disclose or release any of the Information, <br /> directly or indirectly, or use the Information for any purpose whatsoever other than as <br /> contemplated herein. Subject to the foregoing,any and all Information shall remain and be <br /> strictly confidential as and between Trimark and Shell. <br /> 8. Shell's right of entry and access under this Agreement shall terminate upon the <br /> earlier to occur of. (i)completion of the Work; or(ii) Sixty (60) days following delivery by <br /> Trimark to Shell of a written notice terminating this Agreement. Trimark and Shea acknowledge <br /> that any monitoring wells required to be installed on the Property by a state, federal and/or local <br /> regulatory agency may only be removed with the consent of the governmental regulatory agency <br /> which approved and directed the installation of such monitoring wells, such that in the event that <br /> Shell's right of entry is terminated by Trimark(or by Shea, after it takes title), such right of entry <br /> shall be extended for such reasonable time as is necessary to remove said monitoring wells after <br /> regulatory approval authorizing such removal has been secured. <br /> 9. Nothing contained in this Agreement shall be construed in any manner or fashion <br /> to be an admission by Shell of any responsibility or liability for contamination of any type or <br /> description that may be present on the Property. <br /> 10. This Agreement,and the rights and liabilities of the parties hereto, shall be <br /> governed by the laws of the State of California. <br /> 11. This Agreement shall be binding upon, and inure to the benefit of,Trimark, Shea <br /> and Shell and their respective heirs, devisees,personal representatives, successors and assigns. <br /> 12. In the event of an action at law or in equity between the parties to interpret or <br /> enforce any of the provisions of and/or rights under this Agreement, the prevailing party shall be <br /> entitled to collect from the non-prevailing party all costs and expenses, including reasonable <br /> attorneys' fees and experts' fees, incurred by such prevailing party with respect to any such <br /> action. <br /> 13. The waiver by Trimark, Shea or Shell of a breach of any provision of this <br /> Agreement shall not be deemed a continuing waiver or a waiver of any subsequent.breach <br /> whether of the same or of another provision hereof. <br /> 14. This Agreement is the final expression of, and constitutes the entire agreement <br /> between, the parties with respect to Shell's rights of entry with respect to the Property and <br /> supersedes all prior understanding with respect to Shell's rights of entry onto the Property. This <br /> Agreement may not be modified, changed, supplemented, superseded, canceled or terminated, <br /> nor may any obligations hereunder be waived, except by written instrument signed by the party <br /> to be charged or by its agent duly authorized in writing or as otherwise expressly permitted <br /> herein. The parties do not intend to confer any benefit hereunder on any person, firm or <br /> corporation other than the parties hereto and lawful assignees. <br /> Site Access Agreement(Mountain House-Neighborhood C&D) <br /> Page 8 of 11 <br /> 94205 0 <br />