Laserfiche WebLink
and removal of petroleum hydrocarbon-affected soil, soil vapor, and groundwater) <br /> necessary to remediate Hazardous Materials present on the Property in the <br /> vicinity of the Pipeline ("Remediation Activities"); and <br /> (iii) backfill, compaction, restoration and repair associated with Remediation <br /> Activities("Restoration Activities"). <br /> The Assessment Activities, Remediation Activities and Restoration Activities <br /> shall be collectively referred to as the "Work". The right of entry granted to Shell <br /> herein is a revocable license, and shall under no circumstances and in no manner <br /> be deemed to confer upon Shell a right of possession or evidence of any interest <br /> in or to the Property. <br /> i. Notice of Entry. Shell shall provide Machado and Global not less than <br /> forty-eight (48) hours' advance written notice of its intention to perform <br /> any Work on the Property so that Machado and Global have adequate <br /> opportunity, if they so desire, to have their representative(s) and/or <br /> consultant(s) present during the performance of such activities and to take <br /> duplicate and confirmation samples for analysis at their own costs ("Entry <br /> Notice"). <br /> b. Costs. All costs, expenses, liabilities or charges incurred or relating to the <br /> performance of any Work shall be borne solely by Shell. In performing the Work, <br /> neither Shell nor its employees, agents, contractors, subcontractors, consultants <br /> and/or representatives shall interfere with the activities of Machado and Global or <br /> any other activities on the Property, including, but not limited to, farming <br /> operations or construction and/or development activities on the Property. <br /> I::. Compliance with Laws. Shell, and its agents, employees, representatives, <br /> consultants, contractors and subcontractors, shall at all times fully comply with all <br /> laws, regulations, rules and orders, including those applicable to the Property or <br /> the activities of Shell, whether now existing or hereafter enacted, by any federal, <br /> state or local governmental authority or agency having jurisdiction over the <br /> Property or conditions existing on the Property. Neither Shell nor any employees, <br /> agents, contractors, subcontractors, consultants and/or representatives of Shell, <br /> shall commence or conduct any Work on the Property without first having <br /> obtained any and all permits and approvals required for such work/activity by any <br /> governmental entity, and shall strictly comply with the terms and conditions of <br /> such permits and approvals. <br /> 3. Performance of Work. <br /> a. Contamination Area. The result of the Assessment Activities and response by the <br /> appropriate Government Authority will determine the extent and delineation of <br /> the contaminated area of the Property (the "Contamination Area"). As such, the <br /> 4 <br /> 200526-14.doc/F I NAU6.8.06 <br />