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AUG.10`1999 4:48PM J MUIPMENT CO INC N0.268 P.3/5 <br /> LICENSE AGREEMENT <br /> This License greement is made this R day of 1999 by <br /> and between J. M. EQUIPMENT CO„ INC., a California co oration, hereinafter <br /> referred to as "JM"; I Lnd INDEPENDENT TRUCKING, hereinafter referred to as <br /> "INDEPENDENT". <br /> 1. RECITALS: This Agreement is made with reference to the following <br /> facts and circumstances: <br /> A. JM and INDEPENDENT are neighbors on West Charter Way, <br /> Stockton, California. <br /> B. Both parties' locations on Charter Way have experienced certain <br /> environmental problems and issues. <br /> C, INDEPENDENT is about to have its site closed from further <br /> environmental monitoring by the appropriate authorities. <br /> D. It has been recommended by the San Joaquin County <br /> Environmental Heal:h Division, that JM take over responsibility for certain <br /> monitoring wells located on INDEPENDENT's property. <br /> 2. TRANS FER OF RESPONSIBILITY FOR WELLS. JM hereby <br /> assumes, and INDEPENDENT hereby transfers responsibility for monitoring wells <br /> on INDEPENDENT property designated as MWl, MW2, MW3, and MW8 on <br /> INDEPENDENT's p operty as designated on the Site Map which is attached hereto <br /> as Exhibit "A," JM s 3all also continue responsibility for 1VIW9 which is located on <br /> J1VI's property. These monitoring wells are collectively referred to herein as the <br /> "Wells." <br /> A. f ondition of Wells. INDEPENDENT shall guarantee that the <br /> Wells are in good coy dition and repair, so as to provide unencumbered access and <br /> protection to ground water, The parties agree that as a condition of the assumption <br /> of responsibility for the Wells by JM, the Wells shall be inspected by Geological <br /> Technics, Inc. K <br /> The Wells shall thereupon be reinspected <br /> by Geological Technics, Inc. Once the Wells have been certified by Geological <br /> Technics, Inc. as being in good condition and repair, INDEPENDENT shall have no <br /> further responsibility therefor, except in the case of actual damage to the Wells <br /> caused by INDEPENDENT, <br /> J E N S E N <br /> J E AT S E N <br /> 1 ,` ATTORNEYS <br /> 1514 R STREET MOUESTO, CALIFORNIA 95354 TELEPHON[.209.529-0791 <br />