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ACCESS AGREEMENT <br /> HELIOSTOCKON LLC ("Owner") hereby authorizes EQUILON ENTERPRISES LLC <br /> DBA SHELL OIL PRODUCTS US ("Equilon") and its environmental consultants (one or <br /> more independent contractors hired by Equilon, together with their subcontractors) to enter <br /> certain real property commonly known as 434 E Dr Martin Luther King Jr Boulevard, Stockton <br /> California, (APN 167-150-310-000), hereinafter referred to as the "Property", for performance of <br /> an environmental investigation and remediation of hazardous materials that may be attributable <br /> to Equilon's former operations at the Property (the "Release"). Owner and Equilon shall be <br /> collectively referred to as the "Parties," or individually as a "Party." The environmental matter <br /> has been assigned Case Number 392004 by the California Regional Water Quality Control <br /> Board, Central Valley Region (the "Agency") and access to the Property is granted on the <br /> following conditions: <br /> 1. Grant of License. Owner hereby grants a nonexclusive revocable license from the date of <br /> this Agreement to Equilon, its employees, authorized agents, consultants, and contractors to enter <br /> the Property to perform groundwater monitoring, monitoring well installations and <br /> abandonments, tests, inspections, borings, engineering studies, surveys, appraisals, <br /> environmental studies, remediation operations, and/or other activities (collectively the "Work"); <br /> the scope and extent of the Work shall be within the sole discretion of Equilon, consistent with <br /> any applicable federal, state, and local requirements to address the Release. This Agreement is <br /> intended and shall be construed only as a temporary license to enter and conduct the Work upon <br /> the Property and not a grant of easement or any other interest in the Property. This Agreement <br /> will terminate when the Work has been completed and Equilon has met all its obligations under <br /> this Agreement, including the abandoning of the monitoring wells. <br /> 2. Authority. Owner represents that to the best of its knowledge Owner has the sole and <br /> exclusive right to grant access to the Property. <br /> 3. Cost of Work. Equilon will perform the Work at its sole cost and expense, and will not <br /> allow any mechanic's liens to be placed on the Property because of the Work. Further, Equilon, <br /> with the reasonable cooperation of Owner but at no expense to Owner, shall obtain all permits <br /> that may be required for the Work it conducts under this Agreement. <br /> 4. Periodic Reports and Owner Participation. Reports submitted to the Agency outlining <br /> the results of Equilon's Work performed pursuant to this Agreement will be uploaded to the <br /> Agency's GeoTracker website and Owner may access the reports at the following link: <br /> http://geotracker.waterboards.ca.gov/profile report?global obal id=T10000011180. <br /> 5. Notice. Owner will be notified seven (7) days in advance of the schedule for the Work <br /> planned at the Property. <br /> 6. Performance of Work. The Work shall be performed in a commercially reasonable and <br /> workmanlike manner and appurtenances maintained in good condition and repair. Equilon will <br /> exercise its rights and perform its Work under this Agreement in compliance with all applicable <br /> laws, regulations, and orders of any governmental agency with jurisdiction over the Work <br /> 1 <br />