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SEP 16 2011 <br /> ENVIRONMENT HEALTH <br /> PERMIT/SERVICES <br /> AGREEMENT FOR RIGHT OF ENTRY <br /> BETWEEN <br /> AND <br /> SHELL OIL COMPANY <br /> THIS IS AN AGREEMENT between Mary Maria Rocha ("Grantor"), and SHELL OIL <br /> COMPANY, a Delaware corporation with offices at 910 Louisiana Street,City of Houston, State of <br /> Texas 77002 (herein called"Shell"). <br /> Grantor is the owner of a premises known as 18601 W Grant Line Road,Tracy,CA, 95391, <br /> APN 209-450-13 ,and legally described in Exhibit"A"("the Property"). There may be present on or <br /> under the Property petroleum liquids,solids, and/or vapors which the parties may have an interest in <br /> investigating and/or removing by undertaking to perform a site assessment that includes the collection of <br /> ground water samples from on-site monitoring wells. <br /> The parties agree as follows: <br /> GRANTOR,on its behalf and on behalf of any present or future lessees, licensees, assignees, <br /> agents,representatives,grantees and successors,hereby grants to Shell, its contractors,subcontractors, <br /> and their employees and agents a temporary license to enter upon the Property for the purpose of <br /> conducting site assessment and/or product recovery or other cleanup activities("Activities")on the <br /> Property. Such Activities may include the installation,operation and maintenance of investigative <br /> and/or recovery wells and appurtenances thereto and the right to perform all acts necessary in connection <br /> therewith. Such license shall continue in force until said Activities are completed to the satisfaction of <br /> Shell and any environmental regulatory agency with jurisdiction. <br /> Grantor covenants that the temporary license to enter hereby granted Shell is binding upon itself and any <br /> present or future lessees,licensees,assignees,occupants or owners of the Property and that Grantor will <br /> make any grants of rights to such lessees, licensees,assignees,occupants or owners of the Property <br /> subject to Shell's license to enter the Property and that Grantor,its lessees, licensees,assignees,and <br /> occupants will not prohibit or interfere with or obstruct such entry of Activities on the Property and will <br /> not permit same to be done by others. <br /> By accepting this license Shell in no way admits or acknowledges liability for the presence of <br /> petroleum liquids,solids,and/or vapors or assumes any responsibility for their removal;nor does Grantor <br /> waive any of Grantor's legal rights. <br /> Prior to any entry upon the Property pursuant to this license,Shell will submit a copy of its <br /> proposed plan for site investigation or other remedial activity to Owner for Owner's approval,which <br /> approval shall not be unreasonably withheld. Owner shall notify Shell of its disapproval of such plans <br /> within ten (10)days after receipt by Owner,or Owner shall be deemed to approved such plans. <br /> The performance of the Activities will be at no cost or expense to the Grantor,its lessees, <br /> licensees,assignees,representatives,grantees and successors. Shell further agrees not to unreasonably <br /> interfere Grantor's business operations or those of its lessees and licensees, provided, however,that any <br /> plans approved by Grantor shall be deemed not to unreasonably interfere with same. <br /> AGREEMENT FOR RIGHT OF ENTRY <br />