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03/ 7/2007 16:04 2094683 EHD PAGE 03 - r AGREEMENT Southern Paci€ia Transportation company ("Railroad" or "Party") , subject to the follow ng terms and conditions hereby permits 650 Management Corpoxat on ("650" or "Party„) (collectively "the Parties") to. enter upon Railroad's property (the "Property") at or near Man 'eca, in the County of San Joaquin, in the State of Cali.fo nia, in the vicinity of M. P. B-- 96.916 & B-96. 923, for the purp. se of installing two (2) monitoring wells to take soil a d water samples at the approximate locations shown on he attached Exhibit "A. " In performing said wok, 650 and/or its contractors, subcontractors, employees, and gents shall use only public roadways to cross from one si.dexof Railroad's tracks to the other, } U! work snail be dank in a .good and workmanlike mwnner at the sole cost and expense ofl650 and to the satisfaction of the regulatory agency providing,ioversight for the; work. 650's installation plans shall be sub ect to the Ireasonable approval of Railroad, except to the extent ihe regulatory agency providing oversight mandates installation The tracks, communication lines and other facilities of Railroad will not die interfered with and the work will be so prosecuted ' 'hat there trill be; no interference with or delay to the operations �.of Railroad. 550 shall identify i_t�ielf as the l,genera�tor and shall be responsible for the legal dispo4ition of al1l its samples from the Property and all stream cleaning waste, soil borings or other contaminated soil or water, if tny, generated by 650 and/or its contractors, subcontractors, employees or agents pn the Property during the. work. In view of the possib .e existence of subsurrfare pipelines or other structures, 5o shall, for each test hole, explore for such structures wit ' hand tools to a depth of at least' either (8) feet below the surface of the ground or at 650's option utilize suitable metal dtteoting equipment; prior to drilling or excavating with mechanized equipment. Railroad does not warrant there are no struct res below said level and 650's operations will be subject at ail times to the liability provisions herein. 650, at least five (5 days prior to performing any .digging activities on the premias of Railroad, ,.must call 1-800- AT-FIBER (available 24 hours) t receive a Qwest Communications Corporation control number. 65 shall be advised if a telecommunications system is bu ied anywhere on or about the premises of Railroad in the loc `tion where 650 shall perform such digging activities. If there i a telecommurricat ions system, 650 will be advised as to the owner of the telecommunications system and provided instructions on ar angi.ng for a cable locator and will be advised whether relocat on or other protection for the Y I. h LAMAIN01 Doc:163007�Z qP. E