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i. Additional Work by Global/Machado. In order to avoid duplication of work and associated costs, and in order to timely complete the activities of the various Parties, Global and/or Machado plan to undertake certain site work in addition to that work performed by Shell pursuant to this Agreement. With regard to that work performed by Global and/or Machado, Machado and Global agree to indemnify, protect, defend and hold Shell and its successors, assigns, licensees, and agents harmless from any and all actions, liens, liabilities, claims, damages, losses, costs, or attorney fees relating to a third party claim alleging that damages or injuries resulted from construction performed or completed by Global and/or Machado, or their successors, assigns, licensees and agents, including but not limited to, any site work including soil compaction that may be required to prepare the property for construction purposes. d. Progress Reports. Shell shall provide monthly written progress reports to Machado and Global on implementation of the Work. If Machado and Global determine that steady progress is not being made in completing the Work, the senior management of Shell and designated representatives for Machado and Global shall confer to discuss and propose feasible options for expediting the Work so that it can be completed by October 15, 2006. e. Standard for Work. Shell shall perform the Work to a standard that will: (i) leave the Property suitable for unrestricted land uses, including, without limitation, residential single-family detached homes and related surrounding community uses such as parks and recreation areas,and (ii) meet cleanup standards acceptable to the Regional Water Quality Control Board, Central Valley Region ("Water Board") for groundwater. f. Conies of Documents. Shell shall provide Machado and Global with copies of all final plans and final reports (along with the data and analysis which are part of such plans and/or reports) within five (5) days following Shell's receipt of the same. g. Liens. During performance of the Work, Shell shall keep the Property free and clear of any liens arising out of Shell's activities (and/or the activities of Shell's agents, employees, representatives,consultants, contractors and/or subcontractors) at or on the Property, and discharge at once all liens and attachments filed against the Property arising out of Shell's activities (and/or the activities of Shell's agents, employees, representatives, consultants,contractors and/or subcontractors) at or on the Property. 4. Indemnification by Shell. a. Shell, for the benefit of Machado and Global, and each of their successors and assigns, and any and all successors to title to the Property, or any portion thereof (collectively, the "Benefited Parties"), agrees, at its sole cost and expense, to 6 200526-14.dcc/FI NAU6.8.06