SITE INFORMATION AND CORRESPONDENCE

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SENT BY:IRELL & MANELLA ,11-13-91 ; 14:45 IRELL & MANELLA 2094053071 ;# 5 7. Reatoration of Prone=. In the event Kearney disturbs the Property or the improvements thereon in any way, Kearney shall, as soon as possible and at Kearney's sole cost and expense, restore the Property or the improvements thereon (including but not limited to the lawful removal, transportation and disposal of all debris and/or waste resulting from drilling and sampling the Well) , to the same condition as existed before the disturbance occurred, and Kearney shall indemnify and hold harmless Landowner against and from any and all liability, loss, damages, claims, demands, costs and expenses of any nature, including court costs and attorneys' fees, that may result from injury to or death of persons, or damage, loss or destruction arising from any such disturbance of the Property or the improvements thereon. Kearney agrees that within thirty (30) days following the receipt of laboratory analysts showing either (i) four consecutive quarterly monitoring results below detection for each volatile organic compound associated with the Kearney-KPF Facility or (ii) six consecutive quarterly monitoring results below applicable groundwater cleanup standards established in the Kearney-KPF facility's RCRA Post-Closure permit (the "Completion Data") , Kearney shall, at Kearney Ia sole expense, remove all of Kearney's fixtures, machinery, supplies, equipment and other personal property (the "Fixtures and personalty") then located on the Property, shall remove the Well or destroy the Well in place, and shall restore the Property to the condition existing at the time Kearney first entered and used the Property. Kearney further agrees that it will remediate soil and/or groundwater contamination at the Property as required by the Agencies (or other entities exercising lawful governmental authority) . if Kearney fails to remove Kearney's Fixtures and Personalty and restore the Property as described herein, Landowner may, but shall hot be obliq&ted to, effect bush removal acid restoration, and Kearney shall pay to Landowner the amount expended in so doing plus interest at the lower of eighteen percent per annum or the maximum rate permitted by law from the date such expenditures are made by Landowner. All Fixtures and Personalty not removed by Kearney within fifteen (15) days after the termination of this Agreement shall, at Landowner's election, be deemed abandoned and become the property of Landowner. Kearney hereby waives all rights respecting disposition of abandoned property provided for by Chapter 5 of Title 5 of California Civil Code, Sections 1980 through 1991 inclusive, and any successor statutes or similar laws. Kearney agrees that Kearney's obligations under this Section 7 shall survive the termination of this Agreement and the license granted by this Agreement. S. Test Results. Kearney shall furnish Landowner with copies of all reports, analyses, results, correspondence and 2514710000002S.YP5 - 4 -