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the Subsurface Work will take ten (10) business days. Owner agrees to temporarily move <br /> boats and other equipment on the Property to facilitate Texaco's implementation of the <br /> Subsurface Work and Texaco agrees to pay Owner a fee of$2,000 to compensate Owner for <br /> any business disruption related to Texaco's performance of the Subsurface Work, including <br /> without limitation, the movement of boats and equipment to facilitate the Subsurface Work <br /> ("Business Disruption Fee"). If the Subsurface Work takes more than ten business days, <br /> Texaco agrees to pay Owner an additional Business Disruption Fee of$200/per day for each <br /> additional business day on which Texaco is conducting Subsurface Work. In consideration <br /> of the payment of the Business Disruption Fee, and notwithstanding any other provision of <br /> this Agreement, Owner hereby releases and forever discharges Texaco from payment of any <br /> and all claims relating in any way to or arising from any business disruption relating to or <br /> caused by the Work, including the Subsurface Work. Owner and Texaco specifically agree <br /> that this paragraph four (4) and the definition of"Subsurface Work" do not include and/or <br /> apply to the quarterly groundwater monitoring portion of the Work which requires Texaco to <br /> go on to the Property to take samples from the groundwater monitoring wells. <br /> In giving the above referenced release,the parties expressly waive any rights or <br /> benefits that the may have or might obtain pursuant to section 1542 of the California Civil <br /> Code ("Section 1542") that provides as follows: A GENERAL RELEASE DOES NOT <br /> EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO <br /> EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, <br /> WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS <br /> OR HER SETTLEMENT WITH THE DEBTOR. The parties understand and acknowledge <br /> the significance and consequence of the specific waiver of Section 1542 and hereby assume <br /> full responsibility for any injury, loss, damage or liability that may be incurred by reason of <br /> or related to the release provided herein and/or by the waiver of Section 1542. This section <br /> does not apply to future claims that may arise under the indemnity provisions of this <br /> Agreement. <br /> 5. RESTORATION <br /> If entry onto the Property by Texaco, or exercise by Texaco of any of its rights or <br /> obligations under this Agreement, result in any physical damage to the Property (ordinary <br /> wear and tear excepted), Texaco shall promptly repair and restore portions of the Property <br /> damaged to substantially the same condition as existed prior to the damage or exercise of <br /> such right or obligation. <br /> 6. INDEMNITY <br /> Texaco agrees to indemnify, defend and hold Owner, its agents, successors, and <br /> assigns, harmless from and against any claims, causes of action, or lawsuits brought by a <br /> third party relating to the performance of the Work, including but not limited to, any acts or <br /> omissions of Texaco, its agents and consultants, and any agents or subcontractors of such <br /> consultants on the Property. Texaco shall perform all Work conducted under this agreement <br /> at its sole cost and expense. <br /> Page 2 294793.1 <br />