SITE INFORMATION AND CORRESPONDENCE

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Jui Jul • 16 . 2003c11 :42AM MT" HOUSE/TRIMARK (209)-836-1759 No , 8724 P . 3 P. AGREEMENT FOR RIGHT OF ENTRY FOR SITE ASSESSMENT BETWEEN AND SMELL OIL COMPANY PAGE 2 Shell agrees to notify Grantor at least 72 hours in advance of the date or dates that Shell,its contractors, subcontractors, employees or agents will be on the property.. This license to enter shall continue in force for thirty (30)days, urdess extended by mutual agreement. Grantor said have the right to terminate this agreement upon five(5)days' written notice if, in Grantor's determination, the Activities unreasonably interfere with Grantor's business operations or those of its lessees and licensees. Shell agrees that such entry upon the Property shall be limited to the extent necessary for the performance of the Activities undertaken by Shell for the purposes expressed herein. Upon completion of each of the Activities upon the Property, Shell will cause any tools, equipment,or materials placed thereon to be removed and will exercise due diligence to restore the Property to its former condition_ Shell agrees to coordinate the Activities so as not to unreasonably interfere with Grantor's continuing use of the Property_ Shell agrees to provide Grantor with a copy of its site assessment reports when same are complete and a copy of communications from the regulatory agency with jurisdiction and Shell's replies to those requests from that agency. Shell shall keep all results of its investigations confidential and only disclose them as required by law or with Grantor's written consent. This Agreement is intended and shall be construed only as a temporary license to enter the Property and to conduct certain Activities upon the Property and not as a ;rant of easement or any other interest in the Property.. Shell agrees to protect, defend,hold harmless and indemnify Grantor from any and all claims for injury or damage arising out of or attributable to Shell's performance of the,Activities upon the Property unless said claims are the result of the negligence of the Grantor,Grantor's agents or Grantor's licensees. Shell further agrees to protect, defend,hold harmless and indemnify Grantor for claims, liabilities, causes of action, losses, penalties, remediation costs, expenses(including without limitation, attorneys' fees and costs, and experts' fees and costs), and fnr any state or regulatory action order or third party claim arising out of,related to, or resulting from contamination discovered on or under or adjacent to the Property which is demonstrated to have been caused by Shell operations. The signatories hereto covenant and represent that each has the authority and legal capacity to enter this agroomcrit on behalf of that respective party and that, if a corporation, all required approvals have been obtained prior to the execution hereof