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samples(including, without limitation, soil, groundwater, and other media) taken by the Chevron
<br /> Entities during their performance of the Work on the Property. Chevron agrees that the Work
<br /> shall be conducted and performed by the Chevron Entities in a good and workmanlike manner j
<br /> and Chevron shall be solely responsible for the prompt payment of all costs and expenses
<br /> incurred in connection therewith including,without limitation, all laboratory,installation,
<br /> operating and capital costs, all insurance premiums, all consultants fees, all disposal costs and all
<br /> attorneys and experts fees. Promptly following completion of the Work or removal of any other
<br /> materials,wastes or other substances from the Property(whether in soil,groundwater,
<br /> construction debris or otherwise) including,without limitation,any Hazardous Substances(as
<br /> defined in Section 17 below)(collectively,"Wastes")and in all events within ten(10)days
<br /> thereafter, Chevron at its sole cost and expense shall arrange for the removal,packaging,
<br /> labeling,transfer and disposal of all such Wastes in compliance with all applicable
<br /> Environmental Laws and in accordance with Section 8 below. While on the Property,all such
<br /> Wastes shall be properly and securely stored in compliance with all applicable Environmental
<br /> Laws. Chevron shall be solely responsible for the preparation and maintenance of any required
<br /> waste manifests necessary for the transport and disposal of any Wastes from the Property, and
<br /> Chevron shall be listed therein as the generator of all such Wastes.
<br /> (e) With respect to the installation or relocation of any monitoring wells
<br /> installed on the Property by the Chevron Entities,Chevron shall consult with Catellus to locate
<br /> such wells(consistent with the requirements of each Governmental Authority)in locations
<br /> identified by Catellus to minimize impacts on future construction and development on the
<br /> Property. If, after installation, such monitoring wells are affecting Catellus' ability to develop
<br /> the Property,Catellus may advise Chevron in writing that such installed monitoring wells are
<br /> hindering its ability to develop the Property. Within ten(10)business days of receiving such
<br /> notice,Chevron agrees to seek approval from any applicable Governmental Authority to remove
<br /> and close the wells in question and to relocate such wells if deemed necessary. Any removal or
<br /> restoration work for such wells shall be conducted in accordance with Section 8 below.
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<br /> 4. Results and Reports. Upon receipt of laboratory data results from the Work,
<br /> Chevron shall immediately send the laboratory results to of Catellus by facsimile at(310) 618-
<br /> 0698, e-mail at CmcPhee@prologis.com,or overnight delivery and free of charge. The t
<br /> transmission of these results will occur within five(5) business days from the date Chevron
<br /> receives the results from the laboratory,and before Chevron submits these results to any
<br /> Governmental Authority. Concurrently with the submission of any Governmental Authority, '
<br /> Chevron shall provide Catellus, free of charge,with a copy of any Reports(as defined in
<br /> Section 17 below)submitted to any Governmental Authority;provided, however,that copies of
<br /> final drafts of any Reports that Chevron proposes submitting to a Governmental Authority first
<br /> reporting the results of the Work permitted under this Agreement shall be submitted to Catellus
<br /> no less than five(5)business days prior to submission of the same to such Governmental
<br /> Authority. All Reports and drafts of Reports shall be sent to Charlie McPhee, Catellus Tracy,
<br /> LLC,2377 Crenshaw Boulevard, Suite 251,Torrance, California 90501,Phone: (310) 781-1100,
<br /> Fax: (310)618-0698,with the original delivered personally,by private courier with j
<br /> acknowledgment of receipt,or mailed by certified or registered mail,return receipt requested,
<br /> and postage prepaid. Further, concurrently with the delivery and promptly following the receipt,
<br /> Chevron shall deliver to Catellus copies of any written communications received by the Chevron
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