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WHEREAS, Chevron retained Geomatrix Consultants, Inc. ("Geomatrix") to define the <br /> lateral and vertical extent of the crude oil impact in soil and groundwater, which is documented <br /> in Geomatrix's January 2000 "Soil and Groundwater Investigation Report and Human Health <br /> Screening Evaluation, Burns Property (San Joaquin County APN 232-170-05), 1881 Rustan <br /> Road, Tracy, California"; this report has been provided to Chevron and Party-in-Interest and was <br /> submitted to the California Department of Toxic Substances Control("DTSC") by Chevron for <br /> its review and approval; <br /> WHEREAS, the Geomatrix January 2000 report concludes that several polynuclear <br /> aromatic hydrocarbons (PAHs) were detected at low concentrations in soil samples and that low <br /> concentrations of two PAHs were detected in groundwater, and further concludes that this data <br /> indicates that it would not pose an unacceptable risk to human health to leave these residual <br /> petroleum hydrocarbons on the property; and <br /> WHEREAS,the DTSC, after reviewing the above-referenced reports and data submitted <br /> to it by Chevron, found that the residual levels of petroleum-related hydrocarbons in the soils at <br /> the Property are below levels that would constitute an unacceptable risk to human health and the <br /> environment. A copy of DTSC's letter of April 27, 2000, setting forth its findings, has been <br /> provided to Party-in-Interest by Chevron <br /> NOW THEREFORE, in consideration of the mutual promises contained herein, the <br /> parties hereto agree as follows: <br /> 1. Chevron, provided review services relating to the performance of the Preliminary <br /> Assessment work performed on the Right-of-Way. Party-in-Interest represents <br /> and affirms that Chevron had no control over the manner, methods,or procedures <br /> employed by Earth Systems Consultants in performing the preliminary <br /> assessment work on the Property, and that Parry-in-Interest and its contractors <br /> hired to assist in the performance of the work relating to the preliminary <br /> assessment acted in an independent capacity and not as officers, employees or <br /> agents of Chevron. <br /> 2. Additional assessment work was performed on the behalf of Chevron by <br /> Geomatrix on the Property and the Right-of-Way pursuant to the"Scope of Work <br /> and Estimated Budget, Health Risk Assessment, Ridgeway-Pombo Property, <br /> Tracy, California," prepared by Geomatrix and dated August 18, 1999 and <br /> revised on September 20, 1999 (hereinafter"Scope of Work"). Copies of all data, <br /> laboratory analyses, and reports prepared by Geomatrix have been provided to <br /> Party-in-Interest. Chevron represents and affirms that Party-in-Interest had no <br /> control over the manner, methods, or procedures employed by Geomatrix in <br /> performing the additional assessment work on the Property, and that Chevron and <br /> its contractors hired to assist in the performance of the work relating to the <br /> Agrcemenf/5.15.2000/ 2 <br /> 10-273/JNR <br />