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Jul - 25 . 2003 12 : 57PM CO` 'IR EARTH TECHNOLOGIES No - 4419 P . 3/4 2. Should, upon further observations, other areas of the 2100 LF pipeline be determined to have contaminated soils, Shell shall reimburse Grantor for removal of the 6' of overburden on the additional section(s) on a T&M basis. 3. In areas of the pipeline easement in which no contamination is visually evident, the cost shall be borne by the Grantor. 4. If, upon subsequent analysis, any areas previously thought to be uncontaminated in#3 above were determined to be contaminated, #2 above would be invoked and Shell would reimburse the Grantor accordingly. 5. All Work Plans are to be reviewed and agreed to by Grantor and Shell prior to implementation or distribution to any State or Federal agencies. 6. Grantor and Shell further agree that time is of the essence and that severe monetary losses could be incurred by Grantor if prosecution of this site assessment and clean- up is delayed and that this agreement is being executed to avoid any losses by either ply. This Agreement is intended to and shall be construed only as a temporary license to enter the Property and to have a presence at and to conduct field observations of the clean up and site investigation being conducted by Grantor. Grantor agrees to provide Shell a copy of all site assessment reports as they become available. Shell agrees to provide timely copies of all of thein' site assessment reports as they become available and both parties agree to keep all reports and all information about such analysis and assessment confidential. This license does not grant an easement or any other interest in the Property. Shell agrees to indemnify and defend Grantor from any and all claims for injury or damage arising out of or attributable to Shell's presence upon the Property unless said claims are the result of the negligence of the Grantor. Shell's right of entry shall terminate 5 days after receipt of written notice from the Grantor or upon completion of all investigation and satisfactory clean-up operations, whichever occurs first. l l l l l l l 1 1 /SIGNATURE PAGE FOLLOWS I I I ! l l l l l l