Laserfiche WebLink
WHEREAS;the parties to this Agreement wish to provide for the performance of <br /> an investigation, assessment, and/or remediation of any Contamination and TCC <br /> contamination on the Property; <br /> NOW THEREFORE, in consideration of the material promises(etc.) contained <br /> herein, the parties agree as follows: <br /> 1. Cleanup. Chevron and Texaco agree that they, at their sole cost and expense, <br /> assume the sole responsibility to perform,or cause to be performed,such <br /> investigation,monitoring and/or remediation and cleanup(hereinafter the <br /> "Activities")of such Contamination and TCE contamination, that is present on <br /> the Property,and as may be validly directed by government agencies with <br /> jurisdiction over the Property (hereinafter"Agency"). Such activities will be <br /> commenced as soon as reasonable possible and diligently pursued to site closure <br /> by the Agency and shall be conducted in accordance with all applicable laws, <br /> rules, and regulations. <br /> 2. Manner of Performance. [a] Chevron and Texaco shall perform, or cause to be <br /> performed,the Activities in a manner and at times which will not unreasonably <br /> interfere with Hunter or any of Hunter's tenants use of the Property. <br /> [b] Chevron and/or Texaco shall, within a reasonable time after receipt,deliver to <br /> Hunter copies of any final reports, studies, analyses, correspondence,Agency <br /> comments or approvals,and preliminary and final work plans. Copies of any final <br /> report(s)or correspondence intended by Chevron and Texaco to be submitted to <br /> any Agency relating to the presence of Contamination or TCE contamination, the <br /> Property or the Activities,shall be provided to Hunter at least ten(10) days prior <br /> to submission to any Agency. Any comments provided by Hunter to Chevron and <br /> Texaco regarding the content of such writing shall be considered by Chevron and <br /> Texaco in good faith, although Chevron and Texaco shall not be bound to <br /> incorporate any such comments or suggested revisions provided by Hunter. <br /> [c] If Hunter, for any reason, has contacts with any Agency regarding the <br /> Property or the performance of the Activities,Hunter shall provide Chevron and <br /> Texaco prompt notice of such contacts. Chevron and Texaco shall have the right <br /> to have a representative present when such contacts are pre-scheduled. Hunter <br /> shall not communicate in writing to any Agency regarding the presence of <br /> Contamination and/or TCE contamination on the Property, without first providing <br /> a copy of the intended written communication to Chevron and Texaco at least <br /> three (3) business days in advance of the submission of the communication to the <br /> Agency. Hunter shall provide Chevron and Texaco with copies of any and all <br /> written communications received from said Agency. <br /> 2 <br /> 35275 S.Welty Road, <br /> Venalis,CA/Site Remediation <br /> Agreement/Chevron Pipelindrexaco <br /> liunter6.1)OC-8/4/97 <br />