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Nov 0911 11:36a Den Dulk Poul 12&6 1001 p.2 )r 33 �o b�qo yDrt ACCESS AGREEMENT Effective as of November 10, 2011, Pleasant Valley Farm dba Ripon Milling (hereinafter referred to as "Ripon Milling') hereby grants to Nestle USA, Inc. and its affiliated companies together with its and their respective consultants and contractors(hereinafter jointly and severaEy referred to as"Nestle") the right to enter Ripon Milling's property located at 320 South Stockton Avenue (hereinafter the "Property") by appointment to conduct a soil and groundwater investigation(the"Investigation")under the following terms and conditions: 1. Term. This Agreement shall extend for a period of one year from the date first set forth above; provided, however, that this Agreement may be extended upon Nestle giving written notice of such extension to Owner. 2. PurooGe. The Investigation is required to respond to the order of the California Regional Water Quality Control Board to conduct a soil and groundwater investigation in the vicinity of the Nestle's former site at Industrial Avenue,Ripon,California. 3. Activities. The Investigation shall consist of the taking soil and groundwater samples at the locations shown on the attached figure. 4. Access. At least twenty-four (24) hours prior to undertaking any sampling activities, on the Property,Nestle shall give Owner notice of its intension to enter the Property. S. Non-Interference. Only those individuals who are involved in the conduct of the Investigation and such equipment as is necessary to conduct the Investigation shall enter onto the Property and Nestle shall make reasonable efforts to avoid interfering in any way with activities being conducted on the Property by Owner. 6. Compliance with Laws. Nestle will conduct the Investigation and will dispose of any materials, including soil or water, samples, used or generated as a result of said Investigation in compliance with all applicable Federal,state,and local laws and regulations. 7. Indemnification_ Nestle shall be responsible for, and shall indemnify and hold Owner harmless from and against any and all claims, demands, losses, damages, penalties, and expenses, including reasonable attorneys' fees, directly caused by the willful,negligent, unlawful,or unauthorized actions performed by Nestle under this Agreement. S. Test Reports. Nestle shall provide to Owner copies of raw data of the tests conducted on Owner's Property at the owner's request. 9. Non-Liability. Nothing in this Agreement shall constitute any admission that Nestld is responsible for or liable in whole or in part for any contamination which is or shall subsequently be found on the Property. 10. Confidentiality. Owner agrees not to disclose the terms of this Agreement or any information or documents provided by Nestle under this Agreement withuut express written prior notice to Nestle, except to such governmental authorities as may be required by law. Nestle may,at its option, cause a copy of this Agreement to be filet{ on record in the jurisdiction wherein the Property is located so as to secure or further preserve its rights hereunder granted of record in said jurisdiction.