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[d] Notwithstanding any provision to the contrary, Chevron and Texaco will <br /> NOT assume any responsibility, including, but not limited to, investigation and <br /> remediation, for any spill, leak or other release of contamination of any kind <br /> which occurs on the property following the final date upon which this Agreement <br /> is executed by the parties (hereinafter, "Execution Date"), except that any future <br /> spill, leak or release by Chevron and Texaco or their subcontractors shall be <br /> Chevron and Texaco's responsibility under this Agreement. <br /> [e] Chevron and Texaco's obligations under this Agreement shall cease upon <br /> receipt of written confirmation from Agency indicating that no further Activities <br /> are required to be performed at the site(hereinafter"Site Closure"). If, however, <br /> after a written Site Closure is issued by Agency, it is determined that additional <br /> previously undiscovered Contamination and/or TCE contamination, existing as of <br /> the Execution Date, may be present on the Property, and said Agency requires that <br /> additional Activities be performed on the Property relating to said Contamination <br /> and/or TCE contamination, Chevron and Texaco's obligations under this <br /> Agreement shall reattach until such time as an additional written Site Closure <br /> relating to the additionally required Activities shall be issued by Agency. <br /> 3. Exclusive Authority to Negotiate. So long as Chevron and Texaco are not in <br /> default hereunder, Hunter grants Chevron and Texaco full authority and the <br /> exclusive right to negotiate the terms, schedule and manner of performance of the <br /> Activities required by Agency concerning the Contamination and/or TCE <br /> contamination present on the Property, insofar as the objective of such Agency <br /> order, proposed action, or request for data relates to the Property or matters which <br /> are the subject of this Agreement. Hunter also grants Chevron and Texaco the <br /> exclusive right to pursue,through alternative dispute resolution processes or <br /> litigation, appropriate legal remedies against Agency relating to any Agency order <br /> or directive which Chevron and Texaco, in good faith, determine to be technically <br /> or legally flawed. <br /> 4. Cooperation and Assistance. Hunter shall take all steps reasonably necessary to <br /> accommodate Chevron and Texaco's performance of the Activities contemplated <br /> by this Agreement, including, but not limited to, providing Chevron and Texaco <br /> with: <br /> a] access to the Property for the purpose of performing the Activities; and <br /> b] copies of documentation that relate in any way to the Contamination or the <br /> TCE contamination, and potential claims covered by the terms of this <br /> Agreement. <br /> 3 <br /> 35275 S.Welty Road, <br /> Vernalis,CA/Site Remediation <br /> Agreement/Chevron Pipeline/rexaco <br /> Hunter6.DOC-8/4/97 <br />