SITE INFORMATION AND CORRESPONDENCE

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(c) If no new information relating to the nature and character of soil and groundwater crude oil impact has been discovered that would materially affect the decisions of the DTSC or that causes the RWQCB to impose any additional requirements, Party-in-Interest agrees to perform or cause to be performed at its sole cost and expense any remediation activities needed as a result of the particular manner in which Party-in-Interest or its agents or successors choose to develop the property. (d ) Party-in-Interest agrees that it will pay all costs related to the construction of stormwater retention pond(s) including, but not limited to, any requirement imposed by the RWQCB or other government regulatory agency with jurisdiction that the pond(s) be lined or moved. (e) Party-in-Interest agrees to pay any and all costs it may be required by any government agency with jurisdiction to pay in the future associated with the preparation of any environmental impact report or with obtaining land use entitlements. 7. Chevron agrees to prepare a Soil Management Plan and to provide a copy of same to Party-in-Interest. The Soil Management Plan is a communication document intended to assist and guide Party-in-Interest and/or its successors-in-interest in the handling and reuse on site of soil impacted by crude oil. 8. Chevron agrees to hold harmless, defend and indemnify Party-in-Interest and its member entities, and its successor(s)-in-interest, including but not limited to subsequent purchasers of the Property, from and against any liabilities, claims, damages or losses, arising from claims or suits by any government regulatory agency with jurisdiction, or third parties (other than subsequent owners or occupiers of the Property) relating to the presence of crude oil impacted soil or groundwater and the performance of any investigative or remedial activities relating to the presence of crude oil impacted soil or groundwater, which Chevron or Parry-in-Interest may be required to perform by any government regulatory agency with jurisdiction on the Property. Said indemnity shall not apply to the extent that the harm was caused by the sole negligence or willful misconduct of any indemnitee. 9. The validity, interpretation and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of California. 10. This Agreement shall not be assigned, or transferred in whole or in part by Party- in-Interest, except with the prior written consent of Chevron, and any attempt to do so without such written consent shall be null and void. Agreement/5.152000/ 5 .n-l-