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ACCESS AGREEMENT BETWEEN <br /> LINCOLN PROPERTIES AND ARCO PRODUCTS COMPANY <br /> THIS ACCESS AGREEMENT (this "Agreement") is made as of Apri124. 1997 , by and between <br /> Lincoln Properties, hereinafter referred to as "Grantor, " and ARCO Products Company, a division <br /> of Atlantic Richfield Company, hereinafter referred to as "Grantee. " <br /> 1 . RECITALS <br /> 1 . 1 Grantor owns certain real property at 1704 Hammer Lane, Stockton. California (parcel no <br /> 077-280-029 of the San Joaquin County Assessor ' s Map); San Joaquin County California (the <br /> "Property"). <br /> 1 .2 Grantee desires to drill on a portion of the Property three (3 ) boreholes (the " Boreholes") <br /> and three ( 3) groundwater monitoring wells (the "Wells') and to perform assessment and <br /> other related work on the Property, as required by or in accordance with applicable <br /> environmental laws and regulations, or as required by or acceptable to those regulatory <br /> agencies exercising appropriate jurisdiction (collectively, the "Work"). <br /> 1 .3 The parties desire to enter into this Agreement to allow Grantee to install said Boreholes <br /> and Wells on the Property and to provide access to the Property to Grantee or its <br /> representatives for the purpose of performing the Work authorized by this Agreement. <br /> 2. AGREEMENT <br /> In consideration of the above and the mutual covenants and agreements herein, the parties agree <br /> as follows: <br /> 2. 1 Grantor hereby grants Grantee or its representatives permission to enter onto the Property <br /> for the purpose of performing the Work authorized by this Agreement. Grantor authorizes <br /> Grantee or its representatives to release any and all analytical geotechnical data and site <br /> assessment information obtained during the performance of the Work to appropriate <br /> government agencies. Copies of final assessment and remediation reports pertinent to the <br /> Property and provided to such agencies shall also be provided to Grantor. <br /> 2.2 Grantee shall not permit any liens to stand against the Property for the Work done or <br /> materials furnished to Grantee, and Grantee shall indemnify, defend, and save Grantor <br /> harmless from any such liens for Work performed under this Agreement. <br /> 2.3 If the surface of the Property or any improvements thereon shall be disturbed by the Work, <br /> then, upon completion of Work, the surface or improvements shall be promptly restored by <br /> Grantee to its condition just prior to such disturbance. <br /> 2.4 Grantee shall, after the Boreholes or Wells is no longer useful to the investigation, backfill <br /> or close out such Boreholes or Wells according to applicable standards. <br /> 2. 5 Grantee shall indemnify, defend, and save Grantor harmless from all liability, damage, <br /> expense, causes of action, suits, claims, or judgments, including reasonable attorneys fees, <br /> resulting from injuries to persons or damage to property on the Property or on adjoining <br /> SAM':\PJM805\08051410.3ES-9N Ib:l <br />