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N <br /> yrs <br /> Y s <br /> LICENSE AGREEMENT <br /> THIS LICENSE AGREEMENT is made the ,?C�YA day of OL1� Z_/ <br /> 19_jE , between Mervyn's, a California Corporation, hereinafter <br /> referred to as "licensor" and ARCD Petroleum Products Company, a <br /> division of Atlantic Richfield Company, hereinafter referred to as <br /> "licensee." <br /> 1 . R E C I T A L S <br /> 1. 1 Licensor occupies certain real property (the "Property") in <br /> the City of Lodi, County of San Joaquin, State of California, more <br /> particularly described on Exhibit "C" attached hereto and made a <br /> part herof. <br /> 1.2 Licensee desires to install on a portion of the Property, <br /> two (2) groundwater monitoring wells as depicted on Exhibit "A" <br /> attached hereto and made a part hereof. <br /> 1 .3 The parties desire to enter into this License Agreement to <br /> allow licensee to install said groundwater monitoring wells on the <br /> Property. <br /> 2. A G R E E M E N T <br /> # NOW, THEREFORE, in consideration of the mutual convenants and <br /> a agreements herein contained, the parties hereto do hereby covenant <br /> and agree to and with each other as follows: <br /> p <br /> 3. T E R M S <br /> 3. 1 Licensee may install, maintain, and use at its sole cost and <br /> f expense, two (2) groundwater monitoring wells on the Property in <br /> the locations designated on Exhibit "A" attached hereto. Mervyn's <br /> hereby authorizes licensee to release any and all analytical • <br /> geotechnical data and site assessment information to the San <br /> Joaquin County Health District as soon as it is available. <br /> 3.2 Said groundwater monitoring wells shall be constructed to the <br /> f dimensions shown on Exhibit "B" attached hereto and made a part <br /> hereof. ' <br /> 3.3 Licensee agrees not to permit any liens to stand .against the <br /> Property for work done or materials furnished to licensee, and <br /> E licensee agrees to indemnify and hold licensor harmless from same. <br /> 3.4 If the surface of the licensed "area and/or the surface of <br /> licensor's adjacent real property and/or any improvements . thereon <br /> 1 shall be disturbed by, the erection, operation, repair, maintenance, <br /> replacement or removal of licensee's groundwater monitoring well, <br /> then safd surface-and/or improvements-shall-be-promptly--restored... -- — <br /> k <br /> licensee their condition Just prior to such disturbance. <br /> Y <br /> 27 <br /> c ' <br /> IC <br /> 1 <br /> r <br />