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shall allow Stone Brothers and/or its consultant(s) to observe all work associated with the i performance of the Permitted Activities. Unocal shall provide Stone Brothers or its agents: (i) upon request, split samples of all material extracted from the Property for testing; (ii) a draft copy of any report prepared for Unocal by the analytical laboratory of all test results, including narrative text, within ten (10) days of Unocal's receipt thereof, and a draft copy of any plan for work, in connection with the California Regional Water Quality Control Board, Central Valley Region Cleanup and Abatement Order (CAO) No. 5-00-707, at least ten (10) days prior to Unocal's submission of such report or plan to the Regional Water Quality Control Board or other regulatory agencies; and (iii) copies of all communications and correspondence between regulatory agencies (including but not limited to the California Regional Water Quality Control Board, Central Valley Region) and Unocal, concerning or relating to any work conducted by Unocal in connection with the CAO. 2. Governmental Authorization for Permitted Activities - Unocal shall obtain and maintain all necessary permits and authorizations from the appropriate governmental entities and comply with all current and future laws, ordinances, orders, rules, regulations and permits with respect to performance of the Permitted Activities. 3. Use Occupation and Enjoyment of Prooertv- In exercising its rights granted by this Agreement, Unocal shall not interfere with Stone Brothers'use,occupation or enjoyment of the Property, nor with the use, occupation or enjoyment of the Property by Stone Brothers' tenants or invitees, except to the extent reasonably necessary to perform the Permitted Activities.This obligation shall include but not be limited to Unocal's agreement to abandon by September 1, 2004, and, as necessary, replace, Monitoring Well MW-9, in compliance i II provisions of this Agreement, and at Unocal's sole cost. with a p o g , 4. Performance of the Permitted Activities - Unocal shall take all reasonable and necessary safety and security precautions in connection with the performance of the Permitted Activities under this Agreement. Unocal shall not permit any damage to the Property as a result of the performance of the Permitted Activities, except as may otherwise be required to perform the Permitted Activities. Unocal shall restore the Property,and repair to the reasonable satisfaction of Stone Brothers, any damage caused to the Property resulting from the performance of the Permitted Activities by Unocal as soon as is reasonably practicable. 5. Commencement. Duration and Termination -This Agreement shall become effective as of the date first written above. This Agreement shall terminate when the applicable governmental authority has authorized permanent closure or removal of the monitoring and remedial facilities installed as part of the Permitted Activities and the Property has been restored by Unocal to substantially the same condition as that which existed prior to Unocal's performance of Permitted Activities and/or the installation of Unocal's remedial 607813.2 -2 613886.1