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Property until and unless a government regulatory agency with jurisdiction orders <br /> otherwise, after Chevron has exhausted all of its available legal remedies should it <br /> elect to pursue the same, and to re-use crude-oil impacted soil as part of <br /> commercial development activities on the Property provided that all of the <br /> following conditions are satisfied: (i) Chevron submits all relevant information <br /> related to crude-oil impacted soil to the California Regional Water Quality <br /> Control Board ("RWQCB"), with a copy to Party-in-Interest; and (ii) Chevron <br /> complies with the requirements of Paragraph 6. set forth below and Chevron <br /> submits written evidence of that compliance to Party-in-Interest. <br /> 6. (a) The parties acknowledge that the possibility exists that the RWQCB may <br /> not complete its review of the environmental data and reports provided by <br /> Chevron relating to the Property until after Party-in-Interest takes title to the <br /> Property and completes its development activities. Chevron agrees to comply <br /> with any assessment and/or remedial requirements which may be imposed by the <br /> RWQCB after exhausting all available legal and administrative remedies it may <br /> elect to pursue. If the RWQCB or other government agency with jurisdiction, <br /> requires the installation of monitor wells and/or the performance of remedial work <br /> on the Property in the future, Parry-in-Interest agrees to provide Chevron with <br /> reasonable access to the Property for the purpose of the installation and <br /> monitoring of such wells and the performance of required remedial work. Party- <br /> in-Interest further agrees to take reasonable care to protect such monitor wells <br /> and/or remedial equipment as may be installed by Chevron on the Property in <br /> compliance with regulatory requirements. Chevron agrees to provide reasonable <br /> notice to Party-in-Interest of the need for such access,and Chevron further agrees <br /> to take reasonable steps to avoid disrupting any construction or commercial <br /> activities of Party-in-Interest, its contractors, agents,tenants, licensees, or <br /> invitees. <br /> (b) Unless Party-in-Interest materially breaches its obligations under Paragraph 5 <br /> above and except as provided in subparagraph(d) of this paragraph, Chevron <br /> agrees to perform at its sole cost and expense any and all activities related to the <br /> investigation, remediation,treatment, excavation or removal of crude-oil <br /> impacted soil or crude-oil impacted groundwater on the Property that Chevron or <br /> Party-in-Interest are directed to perform by specifically,DTSC, RWQCB, or San <br /> Joaquin County Public Health Services, after exhausting all of its available legal <br /> and administrative remedies should it elect to pursue same, if new information <br /> regarding the nature and character of the crude oil impacts to soil and <br /> groundwater is discovered that would materially affect the original <br /> determination by DTSC that residual levels of petroleum-related hydrocarbons in <br /> the soil at the Property are below levels that would contitute unacceptable risk to <br /> human health and the environment, or causes the imposition of additional <br /> requirements by DTSC, RWQCB or San Joaquin County Public Health <br /> Department. <br /> Agreement/5.15.2000/ 4 <br /> 10-273/JNR <br />