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<br /> THE NEWARK GROUP,INC.
<br /> CONTRACTOR ACCESS AGREEMENT
<br /> This Agreement is made and entered into this 28'h day of July,2005,between The Newark Group,Inc.,a
<br /> New Jersey corporation, having facilities at 800 West Church St., Stockton, California ("Newark"), and
<br /> Advanced GeoEnvironmental, Inc., having its principal place of business at 837 Shaw Road, Stockton,
<br /> California 95215("Contractor").
<br /> Background
<br /> A. Newark has agreed to permit Contractor access to Newark's premises for the purposes of making
<br /> borings and taking samples in connection with its environmental investigation of the premises for its
<br /> client Rishwain&Rishwain of Stockton,California.
<br /> B. The parties wish to state their understanding regarding under what conditions Newark will grant
<br /> Contractor access to Newark's premises.
<br /> Agreement
<br /> The parties agree as follows:
<br /> Article 1 Access
<br /> I.I. Newark hereby grants Contractor access to Newark's premises at 800 West Church Street,
<br /> Stockton, California (Premises) to perform a Limited Phase II Site Assessment and Asbestos
<br /> Survey in accordance with its proposal to Rishwain&Rishwain dated July 5,2005.
<br /> 1.2. Contractor agrees to comply with all requirements of the San Joaquin County Environmental
<br /> Health Department (SJCEHD), including any required in connection with a boring permit to be
<br /> issued by the SJCEHD for borings on Newark's Premises.
<br /> Article 2 Insurance and Indemnification
<br /> 2.1. Contractor shall, at its sole cost and expense, procure and maintain during the term of this
<br /> Agreement comprehensive general liability insurance (including personal injury liability,
<br /> premises/operation, property damage, independent contractors and broad form contractual
<br /> coverage in support of the indemnifications of Newark by Contractor under this Agreement) in
<br /> amounts of not less than$1,000,000 per occurrence and$2,000,000 annual aggregate. Such policy
<br /> shall name Newark as an additional insured thereunder.
<br /> 2.2. Contractor shall at its sole cost and expense procure and maintain during the term of this
<br /> Agreement,Workers Compensation Insurance within the limits required by statute,and Employers
<br /> Liability coverage with limits of not less than$1,000,000 per accident.
<br /> 2.3. Contractor shall at its sole cost and expense obtain automobile liability insurance covering any
<br /> vehicle of Contractor with a limit of not less than$1,000,000 combined single limit or equivalent
<br /> thereof.
<br /> 24. Contractor shall indemnify,defend,and hold Newark and Newark's employees harmless from and
<br /> against all losses(including attorneys fees and expenses)attributable to,for or on account of injury
<br /> to, illness, or death of any person, including but not limited to Contractor's employees or the
<br /> employees of Contractor's subcontractors, or loss or loss of use or damage to property of anyone,
<br /> including,but not limited to,Contractor or its subcontractors,that result directly or indirectly from
<br /> the performance of Contractor's work on the premises of Newark.
<br /> 2.5. Contractor shall provide Newark with Certificates of Insurance evidencing the coverages required
<br /> by this Article 2.
<br /> Article 3 General Provisions
<br /> 3.1. In performing the work contemplated by this Agreement, Contractor shall be an independent
<br /> contractor, and neither Contractor nor anyone employed by or contracted for by Contractor shall
<br /> be deemed for any purpose to be an agent, servant, employee or representative of Newark.
<br /> Newark shall have no direction or control of Contractor,or its employees and agents.
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