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05/0412001 13:37 916-786-0366 LFR GRANITE BAY PAGE 04 <br /> plans and provide SFPP with suggested revisions. SFPP shall notify ST in writing of its final <br /> proposal for the planned major construction activities,including such details as ST may request. <br /> 3.3. Construction Activities by ST. In the event ST plans any construction at the <br /> Terminal while SFPP continues to perform Monitoring Activities, ST shall first review the plans <br /> with SFPP in order to allow SFPP to complete its Monitoring Activities without incurring <br /> additional expenses, provided however,ST shall have no obligation to incur additional expense <br /> or to delay or modify its construction activity in order to accommodate SFPP's Monitoring <br /> Activities. ST shall be responsible for all expenses related to the removal of contaminated soil <br /> and water in connection with ST's construction plans and for the cost of relocating wells, <br /> equipment or other installations related to SI~PP's Monitoring Activities, whether above or below <br /> ground,required to facilitate ST's construction plans. <br /> 3.4. Inconvenience to Grantor. Grantor acknowledges that the Work may involve <br /> the use of heavy trucks or other equipment which could cause, by their presence,inconvenience <br /> to Grantor or occupants of the Property. <br /> 3.5. Presence of Representative, Samples. During the course of the Monitoring <br /> Activities,ST shall have the right to have a representative present during SFPP's entry and <br /> presence at the Terminal,but the absence of any such representative shall not invalidate this <br /> Agreement. In addition, ST shall have the right to request and obtain from SFPP samples of <br /> each sample taken at no cost to ST and no incremental cost to SFPP. SFPP shall notify ST five <br /> working days prior to each sampling event in order that ST may schedule the presence of a <br /> representative. <br /> 4. Restoration of the Property. Upon completion of the Work,SFPP will use its best <br /> efforts to return the Property to the condition it was in at the time SFPP first entered the Property <br /> under this Agreement,provided such restoration is not inconsistent with the Work. <br /> 5. Termination. This Agreement will terminate thirty days following SFPP's written <br /> notification to Grantor that the Work is complete. <br /> 6. Miscellaneous Provisions_ <br /> 6.1 Coustrnetiou. The rights granted to SFPP pursuant to this Agreement are not <br /> intended to create obligations in SFPP to take or refrain from taking any of the actions permitted <br /> hereunder with respect to the Property. References in the exhibits to this Agreement to the <br /> location, boundaries and use of the Property or of the Work are descriptive only and are not <br /> intended to limit,define or restrict the scope of the rights granted hereunder. In the event of any <br /> conflict between such references in the exhibits attached hereto and the terms of this Agreement, <br /> the terms of this Agreement shall control. <br /> 6.2 Rules; Reeulations;Requirements, SFPP shall comply with STs toles, <br /> regulations and requirements applicable at the Terminal and shall keep the Terminal, as affected <br /> by the Monitoring Activities,free of any work-related debris except as may be reasonably <br /> incidental to handling, transport and disposal of materials. ST shall keep SFPP informed <br />