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ADDENDUM TO REAL. ESTAT� SALE AGREEMENT Facility No.: 04493 This Addendum to Real Estate Sale ATLANTIC RICHFIELD COMPANY, a Delaware cor as named in the Real Estate Sale Agreement tc "Agreement") and is part of the Agreement. (Capita definition have the meanings defined in the Agree Addendum and defined in this Addendum is also def is used in this Addendum with the meaning defined it agreement (this "Addendum") is made by oration ("Seller"), for the benefit of Buyer which this Addendum is attached (the zed terms used in this Addendum without vent. If a capitalized term used in this led in the Agreement, the capitalized term this Addendum.) Al. Definitions. When used in this Adden um, each underlined, capitalized term set forth below in this Section Al has the meaning set forth beside it. Claim Period: The period beginning on the Effecti a Date and ending on the date after the Effective Date on which any person begins the oper tion of a business at the Real Estate that involves Hazardous Material Handling. .5 F Corrective Action: Assessing, monitoring, and performing corrective action (which may include natural attenuation) of any Pre -Closing Contaminatio . Covered Claim: A threatened or actual third -party qlaim against Buyer that is based on Pre - Closing Contamination. 'Third party" means any prson other than Buyer, its successors, its heirs, and assigns. Covered Costs: All liabilities, damages, losses, claims, costs, and expenses (including reasonable attorneys' fees) that Buyer incurs arising from a Covered Claim. Effective Date: The date the Deed is recorded. `i Hazardous Material: Any material, substance, or vaste that has been determined by any governmental authority to be capable of posing a risk of injury to health, safety, or property. "Hazardous Material" includes, without limitation, any Pre -Closing Contamination. Hazardous Material Handling. The sale, storage, o treatment of petroleum products or any other Hazardous Material. But "Hazardous Material F landling" does not include the storage of a Hazardous Material that will be used in commercial o fice operations at the Real Estate if (i) the Hazardous Material is commonly used in commercie. I office operations and (ii) the amount of the Hazardous Material that is being stored does n t exceed the amount that a commercial office operation customarily stores in its office premis s for use at those premises. .€ Indemnity Corrective Action: Seller's Corrective Action undertaken at the Real Estate in response to a Covered Claim. Indemnity Entry Right: Seller's and its represe Estate in order for Seller to undertake Indemnity q:Ireladmin\josephldrafts1044931addendum03.doc 0610$199 7:59 AM I es' reasonable right to enter on the Real active Action.