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ACCESS AGREEMENT BETWEEN <br />Phil and Rita Basra AND BP West Coast Products LLC <br />THIS ACCESS AGREEMENT is made as of , 2002 (this "Agreement" ), by and <br />between Phil and Rita Basra, hereinafter collectively referred to as "Grantor", and BP West Coast Products <br />LLC, a Delaware Limited Liability Company, hereinafter referred to as "Grantee" <br />RECITALS <br />1 I Grantor owns certain real property located at 45 Harding Way. Stockton. CA (APN 127- <br />070-37-31 (the "Property") <br />12 Grantee desires to access a portion of the Property to stage equipment and supplies and <br />operating equipment to complete a horizontal boring beneath Harding Way in the City of Stockton right-of- <br />way as required by or in accordance with applicable environmental laws and regulations, or as required by <br />or acceptable to those regulatory agencies exercising appropriate jurisdiction (collectively, the "Work") <br />13 The parties desire to enter into this Agreement to allow Grantee to stage equipment and <br />supplies and operate equipment to complete a horizontal boring beneath Harding Way in the City of <br />Stockton right-of-way and to provide access to the Property to Grantee or its representatives for the purpose <br />of performing the Work authorized by this Agreement <br />AGREEMENT <br />In consideration of the above and the mutual covenants and agreements herein, the parties agree as follows <br />21 Grantor hereby grants Grantee or its representatives permission to enter onto the Property <br />for the purpose of performing the Work authorized by this Agreement <br />22 Grantee shall not permit any liens to stand against the Property for the Work done or <br />materials furnished to Grantee, and Grantee shall indemnify, defend and save Grantor harmless from any <br />such liens for the Work performed under this Agreement <br />23 If the surface of the Property or any improvements thereon shall be disturbed by the <br />Work, then, upon completion of Work, the surface or improvements shall be promptly restored by Grantee <br />to its condition Just prior to such disturbance <br />24 Grantee shall indemnify, defend, and save Grantor harmless from all liability, damage, <br />expense, causes of action, suits, claims or Judgments, including reasonable attorneys fees, resulting from <br />injuries to persons or damage to property on the Property or on adjoining streets and sidewalks which arise <br />out of the negligence of Grantee, its agents, employees, invitees, or guests in performing the Work under <br />this Agreement <br />25 This Agreement shall terminate upon the completion of the Work <br />