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4. The CIWMB and/or SJEHD shall provide DELTA FUNDING with a copy <br /> of any report of the Property investigation, including the results of any laboratory or other <br /> analysis of the subsurface waste and materials found and/or detected at the Property. <br /> 5. The CIWMB and/or SJEHD shall indemnify, defend and hold harmless <br /> DELTA FUNDING from and against any and all claims, demands, liability, costs and expenses, <br /> including attorneys fees and costs, for property damage, personal injury (including death), <br /> consequential or any other damages arising or resulting from any investigation, monitoring <br /> and/or cleanup activities conducted at the Property pursuant to this Agreement, unless caused by <br /> or attributable to DELTA FUNDING'S sole negligence. <br /> 6. It is understood and agreed by the parties hereto that by granting this right <br /> of entry, DELTA FUNDING in no way admits any liability or responsibility for the investigation <br /> and cleanup of any subsurface waste at the Property and it in no way waives any claim or <br /> defense to liability that it may have with respect to the subsurface conditions at the Property. <br /> 7. This right of entry shall expire on October 31, 2002, unless extended by <br /> mutual agreement of the parties in writing. <br /> IN WITNESS HEREOF, the parties have executed this Agreement on the date <br /> first set forth hereinabove <br /> CALIFORNIA INTEGRATED WASTE <br /> MANAGEMENT BOARD <br /> By: <br /> Name: <br /> Title: <br /> SAN JOAQUIN COUNTY ENVIRONMENTAL <br /> HEALTH DEPARTMENT <br /> By: <br /> Name: <br /> Title: <br /> DELTA FUNDING, L.P., a California limited <br /> partnership <br /> By: <br /> Name: <br /> Title: <br /> 2 <br />