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5 Y ltd J lora 1 ".L1-MLn11L �VMr <br /> 4 Cooperation Wickland and Lincoln agree to sign all additional documents and to <br /> perform all acts reasonably necessary to effectuate the intent and purposes of this Agreement <br /> Any lease or other agreement with a lessee, tenant or other third pasty for occupancy of the <br /> Stockton Site or any part thereof, shall be subject to the provisions of this Access Agreement <br /> 5. Notices All notices provided for herein shall be deemed to have been given <br /> when addressed to the party at the addresses listed below and either (1) deposited in the United <br /> States Mail, properly stamped and addressed to the party for whom intended, (2) transmitted and <br /> confirmed via facsimile, or (3) delivered personally to such party, <br /> WICKLAND. Wickland Oil Company <br /> 3600 American River Drive, Suite 145 <br /> Sacramento, CA 95864 <br /> Attention- President <br /> Fax, (916) 978-2468 <br /> LINCOLN Lincoln Properties, Ltd <br /> 374 Lincoln Center <br /> Stockton, CA 95207 <br /> Attention- Phillip D. Johnson <br /> rax; (209)478-1404 <br /> • 6 Modification and Waiver No modification or waiver of any provision of this <br /> Agreement shall be effective unless such modification or waiver is in writing and signet! by <br /> Wickland and Lincoln A waiver by any party of any breach of any terin, covariant or condition <br /> under this Agreement_ or any right or remedy available to such party existing in law or equity, <br /> shall not be deemed a waiver of any subsequent breach of the same or any other term, covenant <br /> or condition set forth herein <br /> 7. Applicable Law and Venue This Agreement shall be construed in accordance <br /> with the laws of the State of California The exclusive jurisdiction and venue of any action <br /> arising out of or in any way relating to the interpretation of tlus Agreement shall be the Superior <br /> Court of California, County of San Joaquin The prevailing party in any action arising out of or <br /> in any way related to the interpretation of thts Agreement shall be entitled to recover reasonable <br /> attorneys' fees and costs incurred <br /> 8, Concludi Provisions This Agreement sets forth the entire agreement and <br /> understanding between the parties concerning the subject matter of this Agreement and <br /> supersedes all prior negotiations, representations, promises or agreements, written or oral, with <br /> regard to the Stockton Site and the Lease This Agreement shall be binding upon and shall inure <br /> to the benefit of the parties hereto and their respe9tive successors and assigns, <br /> 9. QuCitclairn Wickland shall promptly execute and deliver to Chicago Title <br /> Company the quitclaim deed attached hereto as Exhibit A The rights and obligations of <br /> • Wickland and Lincoln as set forth herein shall survive Wickland's execution of said quitclaim <br /> deed and the recordation ofsatd quitclaim deed in the official records of San Joaquin County. <br /> - 3 <br />