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CHEVRON EMC 9258420213 07/08 '03 10:59 No.770 06/07
<br /> COPY NUMBER 1 OF 2
<br /> 2. Chevron agrees to indemnify, defend and hold Owner, and Owner's successor(s)-in-
<br /> interest in the Properly, and, each. of them., free and harmless for, an.y and all liabilities.
<br /> damages, losses, costs, expenses, orders, judgments and claims of any kind, whether
<br /> meritorious or not, arising from any and all claims or demands from any third party,
<br /> including, without limitation, any governmental or regulatory agencies, resulting from or,
<br /> related to any Residual. Petroleum, which may be in, the subsurface of the Property
<br /> originating from or caused by the operation of the OVP and, in addition. thereto, the
<br /> remediation or the implementation or completion of, or failure to complete, any clean. up,
<br /> assessment, monitoring etc., of the Resid.u.al. Petroleum as requ.ired. herein.. For. purposes
<br /> of t1.us Agreement, and without any waiver of any rights that Owner. may otherwise have,
<br /> tb,e term. "third party" sh.al.l not include Owner or any successor(s)-in-interest or assigns
<br /> of Owner in. the Property.
<br /> 3. Said indemnity and. hold harmless shall be effective relating to the Property until site
<br /> closure has been. granted by the RWQCB or other government agency with primary
<br /> jurisdiction over the Properly.
<br /> 4. Said indemnity and.hold harmless will not indemnify Owner for any liabilities, losses,
<br /> damages or claims to th.e extent caused.by Owner's fraud or negligence, or that:of their
<br /> agents, employees, representatives and/or successors in interest.
<br /> 5. This Agreement shall. apply to and be binding upon each of the parties, and their
<br /> respective agents, employees, successors in. interest and assi.gn.s. The undersigned
<br /> representatives of the respective parties certify that they are fully authorized by the party
<br /> or parties whom, they represent to enter into the terms and conditions of this indemnity
<br /> and hold harmless agreement, and to legally bind that party or parties.
<br /> 6. NOTICE.
<br /> All notices pursuant to this agreement shall be in writing and. delivered i,n, person or sent
<br /> by first class rn,a.i.l, postage prepaid. Written notices or communications required by or,
<br /> concerning this agreement sha.11 be addressed.as follows:
<br /> OWNER: ROBERTS ENTERPRISES PTP
<br /> 870 W. Evelyn.Avenue
<br /> Sunnyvale, CA 94086-5929
<br /> Telephone:
<br /> CHEVRON: K. L. I-lower
<br /> Chevron Environmental Management Company
<br /> 6001. Bolli,n.ger. Canyon. Road
<br /> P.O. Box 6012
<br /> San.Ramon, CA, 94583-0712
<br /> Telephone: (925)842-1341.
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<br /> vrRNAJjS PUMP STATION/L1M1Tt'D
<br /> INDEMNITY AGREEMENT/8,10„99/JNR/235F
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