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RIGHT OF ENTRY AGREEMENTCE ' LL; <br /> I Vev <br /> AUG 2 1991 <br /> THIS RIGHT OF ENTRY AGREEMENT (hereafter ref" 0 -*4&6-) is <br /> entered into this day of X,ve , 1990, by and between the <br /> Physics International Company, 2700 Merced St., P. O. Box 5010, San Leandro, <br /> California 94577-0599 (hereafter "Owner") and Lawrence Livermore National <br /> Laboratory, P. O. Box 808, Livermore, California 94550 (hereafter "LLNL"). <br /> Owner is the legal owner of certain real properties in San Joaquin County known <br /> as the Tracy Test Facility (hereafter "TTF") which front on Corral Hollow Road. A map <br /> depicting the TTF and environs is attached hereto as Exhibit A and made a part hereof. <br /> Under the guidance and jurisdiction of the California Regional Water Quality <br /> Control Board—Central Valley Region (RWQCB), LLNL has been conducting <br /> investigations and remediation of environmental contamination at LLNL's adjoining <br /> test facility, Site 300, since 1982. The RWQCB has asked LLNL to monitor ground water <br /> beneath and near Site 300. In partial response to that request, LLNL is proposing to drill <br /> several soil bore holes and subsequently install up to three ground water monitor wells <br /> at the TTF. <br /> WHEREAS LLNL desires permission for itself and its authorized subcontractors: <br /> to enter the TTF to drill several soil bore holes and thereafter install up to three ground <br /> water monitor wells in accordance with federal, state, and local regulations at locations <br /> previously identified by the parties (generally depicted on Exhibit A and to be more <br /> specifically identified on a subsequent exhibit); to conduct tests of the water therein; and <br /> to gain access periodically thereafter to collect and sample the ground water; <br /> NOW THEREFORE, Owner agrees that LLNL may at its own expense and without <br /> right of reimbursement enter the TTF as soon as practicable for the specific purposes <br /> and operations described hereinabove subject to the following terms and conditions: <br /> (1) LLNL covenants that it shall defend, indemnify, and hold Owner harmless <br /> from and against any and all liability, loss, expense, attorneys' fees, or claims for injury <br />