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10/03/2002 16:48 20946AGE STOCKTON PAGE 03 <br /> Oct 03 02 04: 05p He* find Helens Marina 209 0 6505 p. 3 <br /> or boring so as to not disrupt future farming activities on the Property and in <br /> full compliance with the law. <br /> K. is the President of HERMAN&HFLEN'S and represents <br /> that by signing this Agreement that he has the authority of HERMAN& <br /> HELEN'S to enter this Agreement. <br /> L. ve r1� 6 e4Zctine AZS ? Mit(G of the OWNER and <br /> represents that by signing this Agreement that he has the authority of OWNER <br /> to enter into this Agreement. <br /> M. It is the desire and intention of HERMAN &HELEN'S and OWNER to make <br /> this mutual agreement with respect to the propose Activities. <br /> N. The parties hereto agree and acknowledge that in signing this Agreement that <br /> they are not admitting any fact that their prior conduct or the prior conduct of <br /> their predecessors in interest in any manner formed or forms the basis of any <br /> liability as between the parties or as between any party and any third party_ <br /> NOW THEREFORE, the parties hereto agree as follows: <br /> 2. Grant of License. Subject to the terms and condition of this Agreement, <br /> OWNER hereby grants to HERMAN&HELEN'S,its Consultant, contractors, <br /> subcontractors and their employees and agents,a license to enter the Property for the <br /> limited purpose of searching for possible fuel hydrocarbons plume in the groundwater <br /> that may be migrating underneath the Property and for taking groundwater samples. <br /> 3. Authorization. OWNER covenants the temporary license hereby granted by the <br /> Agreement is binding upon both itself and any future lessees of the Property. <br /> 4. Limitation on Use. <br /> A. Prior to each entry onto the Property,HERMAN &HELEN'S shall provide <br /> twenty-four hours notice to OWNER, arrange for access and,if requested by <br /> OWNER,allow oversight of all on-site Activities. <br /> H- Prior to any entry onto the Property for the taking of groundwater samples or <br /> testing,HERMAN&HELEN'S shall provide OWNER with a workplan for <br /> on-site Activities,testing procedures and a list of constituents o be analyzed. <br /> Such workplan shall be delivered in accordance with the terms of Paragraph <br /> 15 as soon as approved by the governmental agency or board,but in no event <br /> less than forty-eight hours in advance of any Activities contemplated under <br /> this Agreement. <br /> 2 <br />