SITE INFORMATION AND CORRESPONDENCE_CASE 1

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1 5. Indemnification. Chevron and Texaco shall, during the term of this Agreement, hold Hunter, his successors-in-interest in the Property, assigns, shareholders, officers, directors, employees and representatives, and each of them, free and harmless and indemnify each of them from and against any claim, demand, cause of action or liability arising out of a breach of its obligations under this Agreement, and reasonable defense costs (including reasonable attorneys' costs) which may be incurred by Hunter prior to Chevron and Texaco's assumption of Hunter's defense. 6. Exclusive Remedy. Chevron and Texaco shall pay Hunter as part of this Agreement. In consideration of the terms set forth herein, Hunter releases Chevron and Texaco from all claims of whatever nature, whether accrued or not, related to Contamination and/or TCE Contamination impacting the Property. Hunter agrees that his sole and exclusive legal remedy against Chevron and Texaco relating to the presence of Contamination, and the performance of the Activities relating to Contamination and the TCE contamination, shall be the enforcement of the terms of this Agreement against Chevron and Texaco, and/or the right to seek damages against Chevron and Texaco for the breach of any of the terms of the Agreement as set forth herein. 7. Insurance. In lieu of insurance coverage, Chevron and Texaco maintain an informal self-administered claims program with respect to their duties under this Agreement. Chevron and Texaco shall require that any contractors or consultants performing the Activities on their behalf,maintain liability insurance coverage with policy limits of not less than One Million Dollars ($1,000,000)and that said policy(cies) shall name Hunter as an additional insured. The policy(ies) shall also contain a provision that entitles the parties to this agreement, although named as an additional insured, to recover under such policy for any damage to the other parties or their authorized representatives by reason of the acts or omissions of the parties or their authorized representatives causing such damage. Before entry onto the Property, Chevron and Texaco hereby agree that they, or their authorized representatives, will deliver to Hunter a certificate of insurance evidencing coverage as set forth above. 8. No Agency Relationship. In the performance of the Activities pursuant to this Agreement, Chevron, Texaco, and their contractors and consultants are not acting as the agent or authorized representative of Hunter. 9. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 10. Entire Agreement. This Agreement represents the entire agreement among the parties relating to the subject matter hereof, and no representations or promises 4 35275 S.Welty Road, Vernalis,CA/Site Remediation Agreement/Chevron Pipeline/Texaco Hunter&DOC-8/4/97