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w- <br /> ACCESS AGREEMENT <br /> TO FACILITATE INVESTIGATION OF SITE 1060 <br /> ( AS DESIGNATED BY STATE WATER BOARD ) <br /> THIS ACCESS AGREEMENT ( the "Agreement " ) is made as of <br /> September _ , 1995 , by and between Darpetro , Inc . , a <br /> corporation ( hereinafter " Darpetro " ) , and The Pep <br /> Boys Manny , Moe & Jack of California , a California corporation <br /> ( hereinafter " Pep Boys " ) . Darpetro and Pep Boys are sometimes <br /> hereinafter referred to individually as a " Party " and <br /> collectively as the " Parties " . <br /> R E C I T A L S <br /> A . Pep Boys operates a retail automobile parts and service <br /> business at 845 E . Charter Way , Stockton , California ( the <br /> " Premises " ) . The Premises are more particularly illustrated <br /> in Exhibit A hereto . <br /> B . Darpetro is or was the owner and operator of an underground <br /> storage tank at 749 E . Charter Way , Stockton , California <br /> ( the " Darpetro Site " ) , which is in close proximity to the <br /> Premises . <br /> C . Darpetro instituted an environmental investigation at the <br /> Darpetro Site in compliance with the requirements of the <br /> regulatory agency with jurisdiction in the matter ( herein , <br /> " Agency " ) , and has requested Pep Boys ' permission to <br /> install , sample and maintain one monitoring well ( the <br /> f " Well " ) at the approximate " Test Location " on the Premises <br /> as indicated on Exhibit A . Darpetro also desires to install <br /> three hydropunch borings ( the " Borings " ) in the locations <br /> shown on that same Exhibit A . The Well and Borings will <br /> facilitate an investigation by Darpetro to determine if <br /> contamination such as hazardous , toxic , reactive , ignitable , <br /> or corrosive substances ( giving those generic terms the <br /> broadest meaning accorded by the applicable statutes and <br /> court decisions , and herein referred to as " Pollutants " ) <br /> i have migrated from the Darpetro Site to , across or through <br /> the Premises . Drilling , quarterly sampling , investigation <br /> and subsequent closure of the Well and the Borings , in <br /> strict compliance with the provisions of this Agreement , are <br /> referred to collectively as the " Allowable Investigation " . <br />{' <br /> MATTERS OF AGREEMENT <br /> E <br /> NOW , THEREFORE , in consideration of the mutual covenants and <br /> agreements herein contained , the parties hereto do hereby <br />' covenant and agree to and with each other as follows : <br /> 1 . Darpetro or its representatives may enter onto the Premises <br /> for the purpose of performing the Allowable Investigation and for <br /> no other purpose . The rights established herein shall not <br /> comprise an easement , but are merely a license terminable in <br /> fl <br />