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BP WEST COAST PRODUCTS LLC by 0 ACCESS AGREEMENT BETWEEN PRB Management LLC(David Fulwiler Authorized Agent)AND BP West Coast Products LLC THIS ACCESS AGREEMENT is made as of 2004 (this "Agreement" ), by and between PRB Management LLC (David Fulwiler Authorized Agent hereinafter collectively referred to re "Grantor", and BP West Coast Products LLC, a Delaware Limited Liability Company, hereinafter referred to as"Grantee". 1. RECITALS 1.1 Grantor owns certain real property located at 45 Harding Way, Stockton (APN 127- 070-37-3)(the"Property"). 1.2 Grantee desires to install an ozone sparge remedial compound, subsurface trenching, and a temporary power pole (for new PG&E electrical connection) on a portion of the Property to facilitate groundwater remediation as required by or in accordance with applicable environmental laws and regulations, or as required by or acceptable to those regulatory agencies exercising appropriate jurisdiction (collectively, the"Work"). 1.3 The parties desire to enter into this Agreement to allow Grantee to install said ozone sparge remedial compound on the Property and to provide access to the Property to Grantee or its representatives for the purpose of performing the Work authorized by this Agreement. 2. AGREEMENT In consideration of the above and the mutual covenants and agreements herein,the parties agree as follows: 2.1 Grantor hereby grants Grantee or its representatives permission to enter onto the Property for the purpose of performing the Work authorized by this Agreement Grantor authorizes Grantee or its representatives to release any and all information obtained during the performance of the Work to appropriate government agencies. Copies of final remediation reports pertinent to the Property and provided to such agencies shall also be provided to Grantor. 2.2 Grantee shall not permit any liens to stand against the Property for the Work done or materials furnished to Grantee, and Grantee shall indemnify, defend and save Grantor harmless from any such liens for the Work performed under this Agreement 2.3 If the surface of the Property or any improvements thereon shall be disturbed by the Work, then, upon completion of Work,the surface or improvements shall be promptly restored by Grantee to its condition just prior to such disturbance. 2.4 Grantee shall, after the ozone sparge system is no longer useful for remediation, remove the ozone sparge system according to applicable standards and restore to preexisting conditions. 2.5 Grantee shall indemnify, defend, and save Grantor harmless from all liability, damage, expense, causes of action, suits, claims or judgments, including reasonable attorneys fees, resulting from