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specific identification of the Contamination Area shall be made in the Work Plans <br /> described in Section 3.b. of this Agreement. <br /> 'b. Work Plans. In conjunction with Government Authorities, the Parties are in the <br /> process of determining what remediation activities are or will be necessary to <br /> properly address the Contamination Area. Shell shall perform the Work in <br /> accordance with written work plans that have been reviewed and approved in <br /> writing by Shell, Machado and Global prior to implementation and prior to <br /> distribution of said plans to any local, state or federal agency (the "Work Plans"). <br /> Approval of such plans shall not be unreasonably withheld by any Party. Shell is <br /> willing to agree to perform, at its sole cost and expense, any and all remediation <br /> of contamination on or affecting the Property that may be required by any <br /> Government Authority (either now or in the future) that is associated with or <br /> arises from the operation of the Pipeline or the operations of Shell (including, <br /> without limitation, additional remediation that may be required by any <br /> Government Authority (either now or in the future) that is associated with or <br /> related to the Contamination Area). The Work Plans will include the Remedial <br /> Action Plan approved by any Government Authority, as well as any other Work <br /> agreed to by and between the Parties. <br /> c. Restoration Activities. Shell shall perform Restoration Activities (including, but <br /> not limited to, backfill and compaction following excavation) at the Property <br /> following any Assessment Activities or Remediation Activities performed by or <br /> on behalf of Shell (or any agents, employees, representatives, consultants, <br /> contractors and/or subcontractors of Shell), and repair any and all damage to the <br /> Property caused by Shell (and/or Shell's agents, employees, representatives, <br /> consultants, contractors and/or subcontractors) or any Work conducted by or at <br /> the direction of Shell. All Restoration Activities and/or repair of the Property <br /> shall be performed pursuant to the Work Plans (which plans shall include, among <br /> other things, a schedule for performance) approved in writing by Machado and <br /> Global (which approval shall not be unreasonably withheld, conditioned or <br /> delayed), and all plans for Restoration Activities and repair (including, without <br /> limitation, the specifications and parameters contained therein for backfill and <br /> compaction, engineered soils, etc.) shall take into consideration the contemplated <br /> use and development (including development and dedication schedules) of the <br /> Property. No dirt from other areas of the Property that are not undergoing <br /> Remediation Activities shall be used in connection with any Restoration <br /> Activities or repair of the Property except as specifically agreed to in writing by <br /> Machado and Global. Shell, Machado and Global acknowledge and agree that <br /> minimum relative compaction as high as ninety-five percent (95%) of the ASTM <br /> D 1557 maximum dry density will be required in connection with the Restoration <br /> Activities and repair of the Property. Machado and Global shall notify Shell in <br /> writing of the prescribed minimum relative soil compaction density or densities <br /> (not to exceed 95%) before Shell undertakes the Remediation Activities and Shell <br /> shall perform the Restoration Activities in accordance with those specified soil <br /> compaction densities. <br /> 5 <br /> 200526-14.doc/F I NAU6.8.06 <br />