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access to the Property required to conduct its investigation <br /> and/or clean-up of the Property provided , however , that Exxon <br /> agrees that neither such investigation nor the clean-up will <br /> unduly interfere with Luckey' s construction plans for the <br /> Property or use of the Property after construction . Luckey' s <br /> construction plans are set forth on Exhibit B attached hereto <br /> and incorporated herein by reference . <br /> 3. Exxon hereby agrees to indemnify and hold Luckey and <br /> Owners harmless from any and all consulting and investigation <br /> fees , clean-up costs , expenses and legal fees incurred by or <br /> on behalf of Luckey or Owners arising from any requests for <br /> information , investigation , contractual obligation , notice , <br /> claim , demand , or suit relating to or in connection with any <br /> hazardous substance release , discharge, deposited , located <br /> on , existing in , or from or under or in-ground or surface <br /> waters of the Property and caused by Exxon , its agents or <br /> employees . <br /> 4 . Except for the things and matters covered in this <br /> Agreement, this Agreement shall not affect the rights of <br /> Luckey, Owners , and/or Exxon with respect to each other or <br /> with respect to any parties not signatory to this Agreement. <br /> EXXON Company, U. S. A. <br /> By <br /> The Luckey Company <br /> By <br /> Edna I. Filippi <br /> The Bank of Stockton <br /> By <br /> As Trustee of Trusts A & B <br /> Created under Last Will of <br /> Joe Filippi , Jr . <br /> KH/ms/23: 46 <br />