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4,J RM&R Site#:1487
<br /> Acquisition#:5886
<br /> LICENSE AGREEMENT
<br /> THIS AGREEMENT is made as of March 4, 2009, by and between TRANSAMERICA MT
<br /> ASSOCIATES, ("Licensor"), and CONOCOPHILLIPS COMPANY ("Licensee"); Licensor and
<br /> Licensee, collectively, shall sometimes hereinafter be referred to as the "Parties".
<br /> RECITALS
<br /> A. Licensor is the legal and rightful owner of a certain parcel of real property located
<br /> at 2800 West March Lane, Stockton, California, and further identified by the San Joaquin County
<br /> Assessor as Parcel No. 118-020-05 (the "Property"), and in the vicinity of the 76 Service Station
<br /> located at 2701 West March Lane, Stockton, California;
<br /> B. Licensee, in cooperation with the San Joaquin County Environmental Health
<br /> Department, now desires to enter the Property to conduct various environmental investigation
<br /> and/or remediation activities, including, but not limited to:
<br /> 1) Continued monitoring, sampling and batch extractions of groundwater monitoring wells:
<br /> "MW-9D, MW-9I and MW-9S." Batch extractions shall include placement of batch
<br /> extraction equipment and a 5,000-gallon vacuum truck (or similar) on the subject property;
<br /> and
<br /> 2) Advancement of three (3) soil borings: "SBT-1, SBT-2 and SBT-3," as shown on
<br /> Exhibit "A" attached hereto and made a part hereof, which shall include collecting grab
<br /> groundwater samples; and upon completion of sampling, the soil borings shall be filled
<br /> with neat grout (the"Work").
<br /> C. The Parties desire to enter into this License Agreement so that the soil and/or
<br /> groundwater can be assessed pursuant to environmental laws and regulations;
<br /> NOW THEREFORE, in consideration of the granting of the foregoing, the mutual premises,
<br /> covenants, conditions and agreements hereinafter set forth, and other good and valuable
<br /> consideration, the receipt and adequacy of which are acknowledged, the Parties agree as follows:
<br /> 1. Grant of License - Licensor hereby grants to Licensee, and its employees, representatives
<br /> and contractors an irrevocable, non-exclusive license (the "License") to enter upon the Property
<br /> from time to time to conduct the activities described in Recitals Paragraph B and C above.
<br /> Further, Licensor shall cause any tenants or lessees of the Property, not a party hereto, to provide
<br /> Licensee, including its consultant(s), and/or contractor(s), same License. This License shall
<br /> commence on March 4, 2009 (Effective Date), and shall end on March 4, 2014, unless the
<br /> Parties agree in writing to extend the term of the License. If Licensee is required by a government
<br /> agency to maintain a well or other equipment on the Property beyond the term of this License, the
<br /> License shall, on notice of such requirement to Licensor, be extended until thirty
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<br /> Rev. 11129108
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