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2900 - Site Mitigation Program
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PR0517411
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Last modified
7/27/2020 12:51:53 PM
Creation date
7/27/2020 10:53:54 AM
Metadata
Fields
Template:
EHD - Public
ProgramCode
2900 - Site Mitigation Program
File Section
FIELD DOCUMENTS
RECORD_ID
PR0517411
PE
2950
FACILITY_ID
FA0013411
FACILITY_NAME
PAYLESS SHOE STORE
STREET_NUMBER
1160
Direction
W
STREET_NAME
YOSEMITE
City
MANTECA
Zip
95337
APN
21902033
CURRENT_STATUS
01
SITE_LOCATION
1160 W YOSEMITE
P_LOCATION
04
QC Status
Approved
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EHD - Public
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T v <br /> reasonable access.to SHELL,or Licensor unreasonably interferes with activities <br /> performed on the Property pursuant to this Agreement,such failure shall <br /> constitute waiver of any right,claim or cause of action Licensor may have against <br /> SHELL to perform or continue Corrective Action on the Property. Such waiver <br /> shall not constitute the sole remedy for breach of this provision which remedies <br /> may include without limitation,consequential damages.This Agreement is <br /> intended and shall be construed only as a temporary license to enter and conduct <br /> the Corrective Action upon the Property and not a grant of easement or any other <br /> interest in the Property. <br /> 2. Environmental Investigation and Remediation. For as long as this Agreement <br /> remains in effect,SHELL,at its sole expense,agrees to conduct any necessary <br /> Corrective Action at the Property in accordance with all applicable federal, state <br /> and local statutes,regulations,ordinances and standards;however,Licensor <br /> agrees SHELL is under no obligation to Licensor to remedy or respond to any <br /> environmental liability or condition on the Property that cannot be attributed to <br /> the former USTs on the Property. <br /> 3. Termination_ Upon the completion of the Corrective Action,SHELL shall <br /> provide notice and appropriate documentation to the relevant government <br /> agencies having jurisdiction ("Agency")and to Licensor that SHELL considers <br /> the Corrective.Action to be complete. Determination by the Agency that no <br /> further action is required or that the Corrective Action has been completed shall <br /> be conclusive and binding on Licensor and Licenser's successors and assigns. In <br /> the event that the Agency does not,for a period of one(1)year following the date <br /> of submission of SHELL's written notice,express objections to the notice,then <br /> the Corrective Action shall likewise be conclusively presumed to be complete. <br /> Once the Corrective Action is complete,SHELL shall have no further obligation <br /> or liability to Licensor or Licensor's successors and assigns for Corrective Action. <br /> 4. Mutual Cooperation. SHELL agrees to coordinate its activities with Licensor to <br /> rninipnize any inconvenience to or interruption of the conduct of Licensor's <br /> business or development of the Property including,but not limited to,providing <br /> reasonable notice prior-to all activities which may interrupt the conduct of <br /> Lisensor's business_ Licensor agrees to cooperate with SHELL,and execute any <br /> additional documents,without limitation,permit applications,which may <br /> reasonably be required to effectuate the purpose of this Agreement. Licensor <br /> further agrees not to interfere with the activities conducted by SHELL on the <br /> Property. <br /> 5. SHELL,with the reasonable cooperation of Licensor,but at no expense to <br /> Licensor,shall obtain any and all permits,which may be required for the <br /> Convective Action it conducts pursuant to this Agreement. <br /> 2 <br />
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