FIELD DOCUMENTS_FILE 1 - Laserfiche WebLink

Home Browse Search

Jul-17-00 10: 38A APEX —NVIROTECH, INC. 9165^50207 P.03 14ft./ \W/ AGREEMENT FUR RIGHT OF ENTRY THIS AGRFFMFNT is made and enteral into by and between Debbie Rhodes of 5451 F Street, Tracy, Calilornia(hereinafter "Licensor"), and Apex Envirotech, inc. (hereinaflcr "L.iccnsec"). Licenser hereby grants to Licensee, its agent, employees, and assigns the right to enter upon the property outlined in red on the attached Exhibit A (hereinaller "Property"), solely for the purpose of installing and sampling it groundwater monitoring well in the area also indicated on the attached Exhibit A. All of Licensee's activities are limited to that which is required to install and sample said monitoring well. Licensor and Licensee acknowledge that Apex Fnvirotech, Inc. (Apex), is an agency solely of Licensee, and not of Liccrisor. This right of entry shall be subject to the following terms and conditions,. 1. This Licensee is ellective upon the execution Lhereol'by all the parties hereto and delivery of a fully executed copy to the Y.icensor at 5451 .F Street, "Tracy, California 95376- Tlic tern, of this License shall he one (1) year from the date of this i.icense agrccrucia and shall aUtematically tern-iinate one (1) year from said date. Upon collection of- said soil and groundwater samples, baring analytical results, this well may become a routinely monitored well. 2. The Licensee agrees to repair or cause to be repaired any dantage to Property resulting from entry onto the property by Licensee, its agents, employees or assigns, by restoring the property to its condition immediately Collowing the entry. 3. Licensee agrees to defend, indemnify and hold harmless Licensor against any and all claims, actions, causes or action, counter-claims and cress complaints, damages, liability, costs and expenses, including but not limited to attorney's fees, for property damage or liability in connection with entry onto said property. 4. Licensee agrees that if Licensor is made a party to any litigation or other action or proceeding concerning, this agreement, or Property or any other area on or about Property that Licensee is using, by reason of airy act or ornission by Licensee, then Licensee shall further defend and hold harmless the Licensor and indemnify the Licensor from, all liability by reason thereof, including reasonable attorney's lees incurred by Licensor. in Such litigation and all taxable court costs. If either party refers this agreement to an attorney for breach or default under this agreement, or if an action is instituted on this agreement, or if any other judicial or non- judicial action is instituted and an attorney is employed to appear in any such proceeding, the prevailing, party shall be entitled to recover from the party not prevailing its rcasonible attorney's fees plus all costs and expenses incurred incident to such employment. 5. Licensee will further provide Licensor with a policy of public liability and property damage Insurance: naminsr I .irencnr sic an w1elilinnnt incirrnrl Thi incnrnrw- 0h:111 hr nni