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02/24/97 MON 15:25 FAX 510 842 6915 CPL HELP H.U. Z004 <br /> TGE 12:30 FaX 51U 8. )15 CPL.HELP N.0. <br /> I�003 <br /> Z. Hunter grants Chevron reasonable access to the Property for the purpose of <br /> Performing an environmental site investigation of surface and sub-surface conditions. <br /> Said investigation may include soil and groundwater delineation and sampling activities, <br /> and the installation of monitor wells if such installation is deemed by Chevron to be <br /> prudent practice, in the event that Chevron desires to install monitor wells, it shall first <br /> secure Hunter's approval of the location of said wells, which approval shall not be <br /> unreasonably withheld. <br /> 3. Chevron shall give Hunter such reasonable advance notice of its intention to <br /> perform its investigative activities as will permit Hunter to have his representative and/or <br /> consultant present during the performance of such work. Hunter shall be entitled to take <br /> split samples at his sole cost and expense if h-2 so desires. <br /> 4_ Chevron agrees to provide Hunter with copies of all data, analyses, and final <br /> reports which are prepared relating to the investigation performed on the Property and the <br /> Right-of-Way. Copies of any reports relating to the investigation shall be provided to <br /> Hunter at least five(5) days in advance of any submittal of said reports)to Agency. <br /> 5_ Chevron agrees to indemnify, defend and hold Hunter harmless from any third <br /> party liabilities, claims, damage, losses, or suits resulting from the performance of its <br /> investigative activities on the Property pursuant to this Agrcement. <br /> 6. In lieu of insurance coverage, Chevron maintains a self-administered informal <br /> claims program with respect to its duties hereunder. Chevron shall require that its <br /> contractors and consultants which may perform the investigation activities on the <br /> Property pursuant to this Agreement, maintain general ;lability insurance coverage in <br /> accordance with Chevron's standard practices_ <br /> 7. Chevron shall discharge at once or bond or otherwise secure against all liens <br /> and attachments which are frlcd in connection with the investigation performed on the <br /> Property pursuant to this Agrcement, and shall indemnify and save Hunter harmless from <br /> and against any and all loss, damage, injury, liability and claims thereof resulting directly <br /> or indirectly from such liens and attachments. <br /> 8. Chevron's right of access to the Property to perform the investigation shall <br /> terminate ninety (90) days from the date Agency approves the Plan, unless such period of <br /> access i6 extended by Hunter in writing. <br /> 9 Nothing contained 'in this Agreement shall, be constrvcd in any manner or <br /> fashion to be an admission by Chevron of any responsibility or liability for eODtamination <br /> of any type or description which may be present on the Property or on the Right-of-Way. <br /> 10 All notices, consents or demands required by this Agreement or other <br /> communications to either Party by the other shall be deemed given when in writing and <br /> R1Yount,W-6.41 1 2 O 1107!91 <br />