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additional assessment acted in an independent capacity and not as officers, <br /> employees or agents of Party-in-Interest. <br /> 3. a) Chevron acknowledges that Party-in-I nterest has previously reimbursed <br /> the sum o ® s and for the cost of the review <br /> services performed by Chevron and Chevron's time in interacting with Earth <br /> Systems Consultants' personnel . <br /> b) Chevron further acknowledges that Party-in-Interest has reimbursed <br /> Chevron for each invoice Party-in-Interest has received as of the date of this <br /> agreement for the actual costs of the additional assessment work performed by <br /> Geomatrix Consultants Inc., pursuant to the above-referenced Sco e of Work. <br /> Party-in-Interest acknowledges that the total cost for this work <br /> Party-in-Interest agrees to pay the entire sum of <br /> costs within a reasonable time of receiving an invoice for such costs. Chevron <br /> has provided Party-in-Interest with a copy of the final report prepared by <br /> Geomatrix and all accompanying data and laboratory analyses. <br /> 4. Chevron agrees to abandon the Right-of-Way set forth and described in Exhibit <br /> "A"which is attached hereto and incorporated herein by this reference, in <br /> exchange for a replacement right-of-way to be conveyed to Chevron by Party-in- <br /> Interest when it takes full title to the Property. The obligations of Chevron to <br /> abandon its Right-of--Way and Party-in-Interest's obligation to convey the <br /> replacement right-of-way, is expressly conditioned upon conveyance of full title <br /> to the Property to Parry-in-Interest. Party-in-Interest agrees upon taking full title <br /> to the Property, to convey a replacement right-of-way acceptable to Chevron in <br /> the Easement form attached hereto and incorporated herein by this reference as <br /> Exhibit `B". At its sole cost and expense, Party-in-Interest has caused to be <br /> performed a survey and has created a legal description in an acceptable recordable <br /> form for said replacement right-of-way Easement, incorporated herein as Exhibit <br /> "C". Chevron shall, upon receipt of notification from Party-in-Interest that it has <br /> taken full title to the Property, execute a Partial Quitclaim Deed in the form <br /> attached hereto and incorporated herein by this reference as Exhibit "D". The <br /> Parties hereto agree that the fully executed Easement and Partial Quit Claim Deed <br /> shall be submitted to First American Title Company, which shall be directed upon <br /> receipt of the fully executed Easement and Partial Quit Claim Deed to <br /> simultaneously record said documents. All costs associated with the escrow <br /> services provided by First American Title Company shall be the sole expense of <br /> Party-in-Interest. <br /> 5. In consideration of Chevron's abandonment of its Right-of-Way, Party-in-Interest <br /> agrees in the event that it takes full title to the Property, to permit all identified <br /> crude oil-impacted soil and crude oil-impacted groundwater to remain on the <br /> Agreement/5.15.2000/ 3 <br /> 10-273/!NR <br />