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<br /> LICENSE AGREEMENT
<br /> THIS AGREEMENT is made as of November 8, 2005, by and between F&P
<br /> Giannecchini Revocable Trot as General Partner for and on behalf of Airport land Co. a
<br /> California Limited Partnership, (hereinafter "Licensor"), and Earth Tech, Inc., a California
<br /> corporation, (hereinafter "Licensee"), and shall be effective as of the last date shown below on
<br /> the signature page.
<br /> RECITALS:
<br /> A. Licensor is the owner of a certain parcel of real property identified as 1848 and
<br /> 1856 Field Avenue located in Stockton, California(the"Property");
<br /> B. Licensee seeks a license to enter the Property to conduct an investigation for the
<br /> purpose of identifying and clearing subsurface utilities, completing soil borings, collecting soil,
<br /> soil gas and/or groundwater samples, and performing (the Project) on behalf of its client, Tyco
<br /> Electronics Corporation, (hereinafter the"Client"),
<br /> C. Licensor and Licensee desire to enter into this License Agreement so that Earth
<br /> Tech and its subcontractors can utilize this property through the completion of the Project.
<br /> NOW THEREFORE, in consideration of the granting of the foregoing, the mutual
<br /> premises, covenants, conditions and agreements hereinafter set forth, and other good and
<br /> valuable consideration, the receipt and adequacy of which are acknowledged, the Parties agree as
<br /> follows:
<br /> 1. Grant of License - Licensor hereby grants to Licensee a non-exclusive License
<br /> (hereinafter the "License") for the purpose of entering onto the Property from time to time in
<br /> order to complete the Project. This License shall come into effect on November 14, 2005, and
<br /> shall expire on May 14, 2006, unless the parties otherwise agree in writing to extend the term of
<br /> the License. If Licensee is required by a government agency to maintain a well or other
<br /> equipment on the Property beyond the term of Itis License, tine License shall, on notice of such
<br /> requirement to Licensor, be extended until 30 days after such requirement ceases. Prior to the
<br /> expiration of the License, Licensee shall, at its or its Client's sole cost and expense, (a) cause any
<br /> excavations to be returned to the original gradient, (b) remove all equipment placed on the
<br /> Property, (c) fill and level all ditches, ruts and depressions, if any, caused by the closure of the
<br /> Licensee's excavation operations on the Property and (d)remove all debris resulting therefrom.
<br /> 2. Compliance with Laws -Licensee shall conduct all operations which are the subject of
<br /> this License in compliance with all applicable federal, state, and municipal statutes and
<br /> ordinances, and with all regulations, orders, and directives of appropriate governmental agencies,
<br /> as such statutes, ordinances, regulations, orders and directives now exist or provide, or that may
<br /> exist or provide in the future.
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<br /> NOU 09 2005 16:08 PAGE.03
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