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M 4 $ <br /> M <br /> LICENSE AGREEMENT BETWEEN <br /> MR . AND MRS. KEVIN CHEAM AND ARCO PRODUCTS COMPANY <br /> i <br /> THIS LICENSE AGREEMENT is made as of November 29. 1994 between Mr. and Mrs. Kevin <br /> Cheam hereinafter referred to as "Licensor, " and ARCO Products Company, a division of Atlantic <br /> Richfield Company, hereinafter referred to as "Licensee. " <br /> 1 . RECITALS <br /> LI Licensor owns certain real property as parcel 15 of the San Joaquin County Assessors ma, <br /> page 79 of Book 350: San Joaquin County. California (the "Property") . <br /> L2 Licensee desires to drill on a portion of the Property one ( 1 ) borehole ("Boreholes") or one ( 1 ) <br /> monitoring well ("Well") and to perform other work on the Property as required by or in <br /> accordance with applicable environmental laws and regulations, or as required by or acceptable <br /> 8 to regulatory agencies ( 'Work") . <br /> 1 .3 The parties desire to enter into this License Agreement to allow Licensee to install said <br /> Boreholes or Well on the Property and to give access to the Property to Licensee or its <br /> representatives for the purpose of performing Work authorized by this License Agreement. <br /> 2, AGREEMENT <br /> NOW, THEREFORE, in consideration of the mutual covenants and agreements herein <br /> contained, the parties hereto do hereby covenant and agree to and with each other as follows: <br /> 3. TERMS <br /> 3 . 1 Licensee or its representatives may drill, use, backfill and construct at its sole cost and expense <br /> the Borehole or Well on the Property. Licensee or its representatives may enter onto the <br /> Property for the purpose of performing the Work authorized by this License Agreement. <br /> Licensor hereby authorizes Licensee or its representatives to release any and all analytical <br /> geotechnical data and site assessment information obtained during such Work to applicable <br /> environmental agencies. <br /> 3 .2 Licensee agrees not to permit any liens to stand against the Property for Work done or <br /> materials furnished to Licensee, and Licensee agrees to indemnify and hold Licensor harmless <br /> from any such liens for Work performed under this License Agreement. <br /> 3 .3 If the surface of the Property or any improvements thereon shall be disturbed by the <br /> emplacement of Licensee's Borehole or WeIL then, upon completion of Work thereunder, said <br /> surface or improvements shall be promptly restored by Licensee to its condition just prior to <br /> such disturbance. <br /> SAQPJW805\08051140.2AM-94 PAS: 1 <br />