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-Jul Jul - l6 2003oll :45AM k HOUISE/TRIMAR02091836-1159 No 3725 P. 3P, 3 <br /> AGREEMENT FOR RIGHT OF ENTRY FOR SITE ASSESSMENT <br /> BETWEEN <br /> I <br /> AND <br /> SHELL Ol1L COMPANY <br /> PAGE 2 <br /> Shell agrees to notify Grantor at least 72 hours in advance of the dale or dates that Shell,its <br /> contractors,subcontractors,employees or agents will be on the property. <br /> This license to enter shall continue in force for thirty(30)days,unless extended by mutual <br /> agreement Grantor said have the right to terminate this agreement upon five(S)days'written notice if, in <br /> Grantor's determination,the Activities unreasonably interfere with Grantor's business operations or those <br /> of its lessees and licensees. i <br /> Shell agrees that such entry upon the Property shall be 1'unitcd to the extent necessary for the <br /> performance of the Activities undertaken by Shell for the purposes expressed herein. Upon completion of <br /> each of the Activities upon the Property, Shell will cause any tools,equipmcnt or materials placed thereon <br /> to be removed and will exercise due diligence to restore the Property to its former condition. Shell agrees ! <br /> to coordinate the Activities so as not to unreasonably interfere with Grantor's continuing use of the <br /> Property. <br /> Shell agrees to provide Grantor with a copy of its site assesstncrnt reports when same are complete <br /> and a copy of communications from the regulatory agency with jurisdiction and Shell's replies to those <br /> requests from that agency.Shell shall keep all results of its investigations confidential and only disclose <br /> them as required by law or with Grantor's written consent. <br /> This Agreement is intended and shall be construed only as a temporary license to enter the Property <br /> and to conduct certain Activities upon the Property and not as a grant of easement or any other interest in <br /> the Property. <br /> I <br /> Shell agrees to protect, defend,hold harmless and indemnify Grantor from any and all claims for <br /> injury or damage arising out of or attributable to Shell's performance of the Activities upon the Property <br /> unless said claims are the result of the negligence of the Grantor,Grantor's agents or Grantor's licensees. ; <br /> Shell further agrees to protect,defend,bold harmless and indemnify Grantor for claims,liabilities,causes i <br /> of action, losses, penalties,remediation costs, expenses(including without limitation, attorneys' fees and 1 <br /> costs,and experts' fens and costs),and for any state or regulatory action order or third party claim arising <br /> out of,related to, or resulting from contamination discovered on or under or adjacent to the Property which <br /> is demonstrated to have beers caused by Shell operations. <br /> The signatories hereto covenant and represent that each has the authority and legal capacity to <br /> eater this agrccrnem on behalf of that respective party and that, if a corporation, all required approvals <br /> have been obtained prior to the execution hereof. <br />