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04/08/02 MON 08:96 FA1 1 91q_ 861 0430 SECOR-SACRAMENTO
<br /> ;r- [a 003
<br /> CHEVRON USA X25 842 8370 04/03 'Oi,,w3:15 NO.521 43104
<br /> FILE COPY
<br /> 2.3 If the sutfiLce of the Pmpertyr or any improvemems thereon shall be disturbed or damaged
<br /> by the Work,then upon completion of the Work the surface of the property and/or the improvements shall
<br /> be promptly restored by Grantee at its sole cost and expense,to a condition which is as reasonably close as
<br /> Possible to the condition of the Property and/or the improvernen.ts immediately prior to Grantee's entrance
<br /> onto tlse Property for the performance of the Work. No drums,drlJJing spoils,purged groundwater,or
<br /> miscellaneous equipment will be released on the property,or stored on the property for a period longer than
<br /> fortyei&(48)hours.
<br /> 2.4 Crrantee shall,after talong Sail samples and/or completion of groundwater monitoring
<br /> activities through the ase of the Well(s),backfill bare holes and abandon the Wells in such a fashion as is in
<br /> aornpliauce with the requirements of applicable standards and Taws.
<br /> 2.5 Grantee shall indemn*,protect,defend,and save harmless,the Property,G,ramor,and
<br /> Grantor's agent;tatpleyeesvlenders,invitees,customers,and tenants, and the inviteee.and customers of
<br /> such tenants,from and against all damage,expense,causes of action, suits,clahns or judgm"ts,penalties,
<br /> and liability of any kind or nature(including witbout:limitation_reasonable consultants'and anorneys'flees
<br /> including those incurred to enforce the terms of this Agreement)(hereinafWr collectively"Claims"),
<br /> resultitag from injuries to persons,damage to Tho PropoM.and damage to personal property,related to or in
<br /> connection with or Wbich arise out of the performance of the Work under this Agreement.
<br /> 2.6 Grantee shall use its best efforts to locate the Boreholes or Wells in a manner so as not to
<br /> unreasonably interferc with Grantor's or Grantor's tenants'use Md occtapatlon of the Property, All Work
<br /> performed by Grantee on the Property,specif7,caily including the location of soil borings and Walls,is
<br /> subject to the prior written approval of Granter,which approval shall not be unreasonably wititlleld. All
<br /> Work shall be performed wi,dt due diligence, in accordance witb all applicable laws and in the manner
<br /> which,does not unreasonably Interfere with Grantor's tenants'conduct of buskins an the Property_
<br /> Grantor,its employees;tenants,and authorized representatives shall not Unreasonably i,aterfi re with
<br /> Grantee's performance of the Work nor shall they tamper with the soil borinp,9 or Wells. Grootee shall
<br /> keep the Wells secured and locked at all times.
<br /> 2.7 This Agstaemem maybe assiped by Grantor without the consent of Grantee. ')'Itis
<br /> Agreement maybe assigned by Grantee only upon the Our written consent of Grantor which shall not be
<br /> unreasonably withheld;provided that,,no such assignment shall release Grantee from any liability
<br /> hereunder. Furthermore,this Agreement shall bind and inure to the benel9t of successors and assigns oftbe
<br /> parties harem,including but not limited to any lenders of Crramtor who may take title to the ft, perty.
<br /> 2.8 By executing this Agreement or conducting any of the Work hereunder,neither Grantor
<br /> or Grantee waive any rights eilth,er may have against any person or entity in connection with any
<br /> ermtaminntion such as may actually or allegedly exist at,or in the vicinity of the Property.
<br /> 2.9 Neither this Agreement nor any of the Work performed pursuant to Che terms of the
<br /> AgreeMOD.t,shall for any reason Constitute or be interpreted or construed in any ltmatltter'to be an admission
<br /> by Grantee of any liability or fault ander any federal,state or local law,or for any purpose wbatsoever
<br /> relating to the Contamination.
<br /> Ao=s Agnxmanl 2
<br /> 2.21.OZ4NR
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