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ACCESS AGREEMENT BY AND BETWEEN �� - UNION OIL COMPANY OF CALIFORNIA AND STONE BROTHERS AND ASSOCIATES This Access Agreement ("Agreement") is entered into as of July 5, 2004 by and between Stone Brothers and Associates ("Stone Brothers" or "Permittor") and Union Oil Company of California("Unocal"or"Permittee'; hereinafter"Unocal"or"Permittee"shall be used to denote Unocal and/or its agents), referred to collectively herein as the "Parties." Unocal desires access to property owned by Stone Brothers located in Stockton,San Joaquin County, California, commonly known as 5400 Pacific Avenue (the "Property'), for Unocal to investigate contamination and conduct remediation activities. Stone Brothers intends to grant Unocal access to the Property, in conformity with the terms and conditions set forth herein. NOW, THEREFORE, according to the foregoing recitals and following terms and conditions,the parties to this Agreement (individually"Party' and collectively"the Parties"), and each of them, hereby covenant and agree as follows: 1. Grant of Access - Under this Agreement,Stone Brothers hereby grants permission to Unocal to have access to that part of the Property owned by Stone Brothers in order to perform the "Permitted Activities,"as defined herein, subject to the terms and conditions set forth herein. Stone Brothers and Unocal acknowledge that this Agreement pertains to access for activities conducted by Unocal, and does not provide terms and conditions applicable to activities conducted jointly by the Parties, should the Parties enter an agreement to conduct joint activities. Unocal shall request access to the Property by submitting to Stone Brothers a written plan and schedule for each item of work to be performed on the Property (the "Workplan(s)"). The Workplan(s) shall describe the work to be performed ("Permitted Activities"), the dates and times and locations of such Permitted Activities, the equipment that will be used to perform such Permitted Activities, and the names of the persons who will be supervising the work and contact telephone numbers for such persons. Stone Brothers shall respond to each of Unocal's requests for access, and provide Unocal any comments thereon, no later than ten (10) days after receipt of the Workplan. Permitted Activities for which Stone Brothers grants Unocal access, performed pursuant to the Workplan, shall be subject to the terms and conditions of this Agreement. Unocal shall provide to Stone Brothers notice of entry upon the Property at least 48 hours prior to entry to perform the Permitted Activities approved by Stone Brothers. Unocal 607813.2 - f - 612886.1