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which Shell may undertake at the Property and to promptly provide <br /> Grantor with copies of all sampling and other test results <br /> involving any soil and/groundwater at the Property. <br /> The soil and ground water at the Property may contain <br /> substances which are hazardous or which have harmful or injurious <br /> properties cr effects . Shell and its Representatives shall be <br /> solely responsible for the safety and well-being of all persons <br /> entering upon the Property pursuant to this Agreement and shall <br /> be solely responsible for any injury, damage or loss to persons <br /> or property proximately resulting from Shell' s or any of its <br /> Representative' s entry upon the Property or any act or omission <br /> of Shell or its Representatives in connection with such entry. <br /> Grantor makes no representations or warranties, express or <br /> implied, regarding the condition or any other aspect of the <br /> Property. Neither Shell, nor any of its Representatives, nor any <br /> other person entering upon the Property pursuant to this <br /> Agreement shall have any claim or other recourse against Grantor <br /> for any injury, loss or damage suffered in connection_ with such <br /> entry or any Activities conducted on the Property by or on behalf <br /> of Shell or its Representatives and Shell does hereby waive and <br /> release any and all such claims or other recourse, except to the <br /> extent such injury, loss or damage is caused by the willful <br /> misconduct of Grantor, its employees or agents . The provisions <br /> of this paragraph shall survive the termination of this <br /> Agreement, but only as to injury, damage or harm to persons or <br /> property that occurred while this Agreement was in effect . <br /> All Activities conducted by or on behalf cf shell or <br /> its Representatives (including, without limitation, the handling, <br /> disposal and transportation of any contaminated soil and/or <br /> groundwater) shall be performed at Shell' s sole cost and expense <br /> and Shell shall cause the same to be performed in compliance with <br /> all applicable federal, state and local laws, regulations, <br /> orders, permits and other requirements . without limiting the <br /> foregoing, Shell shall obtain, prior to any access to the <br /> Property by Shell or its Representatives, any governmental <br /> permits and authorizations as may be necessary to conduct the <br /> Activities . <br /> Any notice, demand or request required hereunder shall <br /> be given in writing (at the addresses set forth at the beginning <br /> of this Agreement) by any of the following means _ (a) personal <br /> (b) overnight courier; or (c) registered or certified, <br /> service; <br /> first class mail , return receipt requestedggiven in the same <br /> Such addresses may <br /> � <br /> be changed by notice to the other parties <br /> manner as above provided. Any notice, demand or request sent <br /> pursuant to Subsection (a) , above, shall be deemed received upon <br /> such personal service . Any notice, demand or request sent <br /> pursuant to Subsection (b) , above, shall be deemed received on <br /> the business day immediately following deposit with the overnight <br /> DI. E\3a2a0 -a- <br /> 130595-2 <br />