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NOV-21-2001 15:11 gEOMATRIX FRESNO 559 264 7431 P.08i12
<br /> a) access to the Property for purposes of inspection. sampling, test excavation, investigation of
<br /> surface and sub-surface conditions,and, if needed, remediation of soils and groundwater,and,
<br /> b) copies of documentation that relates in any way to contamination or potential claims covered by
<br /> this Agreement.
<br /> 6. Chevron shall hold Indemnitee, its successors, assigns, shareholders, officers, directors, employees
<br /> and representatives, and each of them, free and harmless and indemnify each of them from and
<br /> against any claim, demand, Cause of action or liability, arising out of a breach of its obligations under
<br /> this Agreement, including without limitation, Indemnitee's costs of defense thereof and reasonable
<br /> attorneys'fees.
<br /> 7. 1 Chevron agrees to reimburse indemnity, within thirty (30) days upon Chevron's receipt of an invoice,
<br /> which shall not exceed Five Hundred Dollars($500),for the discing (weed abatement)of the property,
<br /> The weed abatement work described above will take place only within the term of this agreement.
<br /> 8. Enforcement of this Agreement is the sole and exclusive remedy of Indemnitee, its heirs,successors,
<br /> shareholders, officers, employees, assigns, and any subsequent owner(s) of the Property (by
<br /> whatever means said Property interest was acquired),with respect to any and all causes of action of
<br /> whatever nature, against Chevron, its affiliated companies, successors, directors, officers,
<br /> employees,and representatives associated with any potential contamination on the Property.
<br /> 9. Chevron reserves, and shall have, the exclusive right to litigate with the relevant government
<br /> authority any order covered by this Agreement that Chevron believes is legally flawed. Indemnitee
<br /> shall not unreasonably interfere with any such challenge,
<br /> 10. This Agreement shall terminate in 6 months.
<br /> 11. This Agreement is intended to run with the land and inure to the benefit of and be binding upon the
<br /> parties hereto and their respective successors, assigns, transferees, and any subsequent owner(s)
<br /> of the Property (by whatever means said Property interest was acquired), as well as the
<br /> shareholders, officers and directors of each of them, and each party hereto agrees that any
<br /> successor in interest in the Property entitled to the portion of the Property affected by the Pipeline
<br /> shall be put on notice of the existence of the rights and obligations under this Agreement. No third
<br /> party beneficiary contractual rights are intended to be created hereby.
<br /> 12. Indemnitee, at its option, may at any time hereafter cause this Agreement to be recorded in the office
<br /> of the County Recorder of San_ Joaquin, County, California,
<br /> Chevron U.S.A. Inc., a Pennsylvania corporation, Marie Games Farms, Inc., M, Phillip
<br /> through its contract operator, Chevron Pipe Line Cardoza, Grantfine Properties, a
<br /> Company / Califoll7iaja neral Partnership
<br /> By: .!/ By: If
<br /> C
<br /> Print Name: Bob W. Merson Print Name; Philip Cardoza
<br /> Title: Vice President and General Counsel �. Title: General Partner, Property Manager
<br /> Date; Date: -
<br /> -z-
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