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ROESS0702 Fom Approvcd,AVPdaw DEC ?, < 2006 AUDIT 272 Folder No. 02153-03 RIGHT OF ENTRY AGREEMENT S�6051101 TIHS AGREEMENT is made and entered into as of October 10, 2006, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the"Railroad"), and CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY, a California corporation,. to be addressed at 6001 Bollinger Canyon Road, Rm 2066, San Ramon, CA 94583 (hereinafter the "Licensee"). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article 1. DEFINITION OF LICENSEE. For purposes of this Agreement, all references in this Agreement to the Licensee shall include the Licensee's contractors,subcontractors,officers,agents and employees,and others acting under its or their authority. Article H. RIGHT GRANTI D: PURPOSE. The Railroad hereby grants to the Licensee the right; during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the portion of Railroad's property in the vicinity of Mile Post 80.2, Tracy Subdivision, at or near Tracy, California, for the purpose of drilling 7 hand held auger borings. The right herein granted to Licensee is limited to those portions of the Railroad's property specifically described herein in the location shown on the print marked Exhibit A, attached hereto and hereby made a part hereof,or designated by the Railroad Representative named in Article W. Article III. TERMS AND CONDITIONS CONTAINED IN EXIMITS B AND C. The terms and conditions contained in Exhibits B and C,hereto attached,are hereby C made a part of this Agreement. Article IV. ALL EXPENSES TOBEBORNE, BY LICENSEE: RAILROAD REPRESENTATIVE. The Licensee shall bear any and all costs and expenses associated with any, work performed by the Licensee,or any costs or expenses incurred by the Railroad relating to this Agreement. All work performed by Licensee on Railroad's property shall be performed in a manner satisfactory to the representative local Manager of Track Maintenance of the Railroad or his authorized representative (hereinafter the Railroad Representative): Mr.Michel Kerwood-MTM Mr.David Reed-MSM Union Pacific Railroad Company Union Pacific Railroad Company 33 Bridgehead Rd 1851 B 5e Street Martinez,CA 94553 Oakland,CA 94607 (510)891-7862,Cellular(916)7994876 (510)891-7820 Folder No.02153.03