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10/03/2002 16:48 2094671 B AGE STOCKTON PAGE 04 Oct 03 02 04: OSp Her and Helens Marina 209 0 6505 p. 4 C. HERMAN&HELEN'S shall contemporaneously provide to OWNER's environmental consultant a copy of all results generated by the sampling and testing performed pursuant to this Agreement.HERMAN&HELEN'S shall provide split or duplicate samples to OWNER's consultant,upon request.If any photographs of the property are taken,HERMAN&HELEN'S shall provide duplicates of each photograph to OWNER. D. HERMAN&HELEN'S shall provide OWNER with a copy of the completed report or other written communication generated by he Consultant as a result of the on-site Activities. Such report shall be delivered in accordance with the terms of Paragraph 15 as soon as delivered to the appropriate governmental agency or board for approval and comment,but in no event less than forty- eight hours after such report has been delivered to the regulatory authority(ies). 5. Term. The term of this Agreement shall commence on the date of execution and shall continue thereafter until HERMAN&HELEN'S has completed the groundwater monitoring or until 2006 whichever is sooner, provided,however that OWNER reserves the right to terminate this Agreement at any time upon written notice to HERMAN&HELEN'S by facsimile delivery if HERMAN&HELEN'S breaches any of its obligations under the terms of this Agreement.Notice terminates this Agreement effective upon this receipt The parties may agree to modify the terms of this license in accordance with Paragraph 15, if further Activities are required by governmental agencies and/or boatels. 6. Noninterference. HERMAN&HELEN'S agrees that its entry upon the Property shall be limited to the extent necessary for the performance of the Activities undertaken by HERMAN&HELEN'S for the purposes expressed in this Agreement.HERMAN& HELEN'S shall perform the Activities to the extent practicable so as to minimize interference with the business conducted on the Property by OWNER HERMAN& HELEN'S or HERMAN&HELEN'S Agents shall use its best efforts to cooperate with OWNER in performing the Activities to minimize interference to the extent feasible and commercially reasonable.To the extent that unreasonable interference does occur, HERMAN&HELEN'S shall be liable for all reasonable costs associate with such unreasonable interference. 7. Consideration. As valuable consideration for authorizing HERMAN& HELEN'S to enter the Property,the patties agree that the statute of limitation applicable to any and all claims which OWNER may have against MERMAN&HELEN'S as a result of the presence of Hazardous Materials as described in Paragraph 10 shall be tolled until the expiration or termination of this Agreement, whichever occurs first.The tolling of any applicable statute of limitations as referenced herein shall not apply to any and all claims which have expired prior to the execution of this Agreement. 3