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courier, and, if sent pursuant to Subsection (c) , above, shall be <br /> deemed received forty-eight (48) hours following deposit into the <br /> mail. <br /> This Agreement is intended and shall be construed only <br /> as a revocable, temporary license to enter the Property and to <br /> conduct certain Activities upon the Property and not as a grant <br /> of easement or any other interest in the Property. <br /> Sher agrees to indemnify, defend and hold Grantor <br /> harmless from and against any and all claims, causes of action, <br /> suits, or proceedings for injury, damaqe or other harm to persons <br /> or property, and any and all damages, costs, or expenses suffered <br /> by Grantor, arising out of or attributable to (a) Shell' s or any <br /> of its Representatives' performance of the Activities, or (b) any <br /> other act or omission of Shell or any of its Representatives <br /> while on the Property. This indemnity shall survive the <br /> termination of this Agreement . <br /> This Agreement shall be binding upon the parties hereto <br /> and their respective successors, representatives, and assigns, <br /> and shall . be governed by and construed under the laws of the <br /> State of California . Neither party may assign its rights or <br /> delegate its obligations hereunder without the express written <br /> consent of the other party, which consent may be withheld in the <br /> other party' s sole and absolute discretion except that Grantor' s <br /> rights and benefits under this Agreement may be assigned to any <br /> party who acquires Grantor' s fee interest in the Property_ <br /> The signatories hereto covenant and represent that each <br /> has the authority and legal capacity to enter this agreement on <br /> behalf of that respective party and that, if a corporation, all <br /> required approvals have been obtained prior to the execution <br /> hereof . <br /> IN WITNESS WHEREOF, Shell and the Grantor have executed <br /> two original copies of this agreement on the dates shown under <br /> their respective signatures . <br /> EXECUTED as of the date first herein specified. <br /> WITNESSES to Grantor' s execution- BANK OF THE WEST, a Califcrnia <br /> banking corporation <br /> c �5 <br /> NAME l ' <br /> POSITION, IF APFI,TCAFsI�F <br /> 1�6r' 11c7 <br /> Date <br /> uwRF\34110 <br /> 130595.2 q <br />