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SITE ACCESS AGREEMENT <br /> PERMISSION TO ENTER PREMISESr <br /> 4 e 9 <br /> This Site Access Agreement and Permission to Enter Premises is <br /> dated as of the 4 day of/% 1994, by and between RONALD 61V <br /> E. HOFFMAN, PAUL D. HOFFMAN, CARL R. HOFFMAN <br /> and MARVIN P. HOFFMAN(hereinafter collectively "OWNER") <br /> and CHEVRON U.S.A., INC., a Pennsylvania corporation. <br /> 1. OWNER and CHEVRON U.S.A.,INC.,a Pennsylvania corporation, hereby consent and <br /> agree that CHEVRON PIPELINE CO. and their consultants (hereinafter collectively <br /> "CHEVRON") may enter upon the property described in the attached Exhibit "A" (the <br /> "PREMISES") for the purpose of conducting environmental investigation related to <br /> petroleum hydrocarbon contamination. CHEVRON agrees to notify the owner of their <br /> intent to enter upon the PREMISES at least 24 hours in advance of such entry. <br /> CHEVRON will use best efforts to not interfere with the OWNER's use of the <br /> PREMISES and will keep the owner advised in a timely fashion of its activities and <br /> proposed activities on the PREMISES. Promptly after undertaking any activity hereunder <br /> on the PREMISES, CHEVRON shall, at CHEVRON's sole expense, restore the <br /> PREMISES to the condition it was in prior to CHEVRON's entry. <br /> 2. CHEVRON shall release, indemnify, defend and hold OWNER harmless from any and <br /> all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including <br /> sums paid in settlement of claims, attorney's fees and expert fees) which at any time <br /> arise out of, or relate to, loss, injury, death or damages to persons or property which <br /> may be suffered or sustained at any time by CHEVRON's entry onto the PREMISES, <br /> and activities thereon (other than destruction of OWNER's business that cannot be <br /> reasonably avoided), except to the extent that the same are caused by OWNER's <br /> negligent or intentional, wrongful act, or failure to act. <br /> 3. OWNER shall give CHEVRON all reasonable cooperation and assistance to carry out <br /> CHEVRON's testing and assessment of the PREMISES, including fumishing any <br /> information or documentation in OWNER's possession or knowledge relevant to <br /> CHEVRON's inquiry. <br /> 4. OWNER acknowledges and agrees that the investigation of the PREMISES undertaken <br /> pursuant to this Agreement is in satisfaction of requests by the Regional Water Quality <br /> Control Board - Central Valley Region with respect to petroleum hydrocarbon <br /> contamination on the PREMISES. CHEVRON will provide OWNER with all reports, <br /> audits, or other written material prepared in connection with its investigation of the <br /> PREMISES. <br /> 5. CHEVRON agrees that, in the event the investigative activities produce materials <br /> considered to be hazardous (for example, soil borings) which require special disposal, <br /> CHEVRON, at its sole cost and expense, shall execute any manifest or other <br /> documentation acknowledging responsibility for such materials for the purpose of <br /> enabling their proper disposal and make arrangements for the same. <br />