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SENT BY:BEVERLY ENTERPRISES 5- 7-93 ; 17:35 LEGAL DEPT. 510 283 3894.# 1/ 4 <br /> ACCESS AND HOLD HARMLESS AGRFEMENT <br /> Exxon Company, U.S.A. desires to install a monitoring well <br /> in the parking lot of the premises known as the Chateau <br /> Convalescent Hospital ( "Facility") located at 1221 Rose Marie <br /> Lane, Stockton, California, under lease by Beverly California <br /> Corporation, a California corporation ( "Lessee") , and owned by <br /> Consolidated Industries , Inc . , a California corporation <br /> ( "Owner" ) as part of an investigation associated with the former <br /> Exxon Retail Site 7-3942, at 4444 North Pershing Avenue, <br /> Stockton, California. <br /> In consideration of Lessee and Owner granting permission to <br /> install such a monitoring well, Exxon Company, U.S.A. (Exxon) <br /> agrees to all of the following: <br /> Exxon shall be responsible for utility clearances and any <br /> other necessary permits before beginning work on the parking lot <br /> and of ensuring that Lessee is advised well ahead of time of the <br /> proposed schedule for entry and drilling on the parking lot of <br /> Facility. The monitoring well shall be installed at the site at <br /> a location selected by Exxon but agreeable to Lessee, and Exxon <br /> shall be responsible that every precaution shall be taken to <br /> minimize to the maximum extent possible the intrusion on the <br /> property to Lessee, and shall be responsible for any and all <br /> damage to pavement, sidewalks , landscaping, and any other <br /> property of Lessee or Owner, that the site is left free of <br /> debris, dirt, mud, and drilling materials, and that all <br /> cutting/soils or contamination produced by the drilling shall be <br /> promptly removed from the premises and properly disposed of . <br /> Exxon agrees to provide Lessee and Owner in a timely manner <br /> with certified copies of any and all reports relating to the <br /> test results of the monitoring well. <br /> Exxon covenants to hold Lessee and Owner and each and both <br /> of them, and their respective successors and assignees, and the <br /> officers, directors , partners, agents and employees thereof, <br /> free and harmless from any and all liability for damage of any <br /> nature whatever to person or property, in any way arising in <br /> connection with the installation, maintenance, existence, or <br /> removal of the monitoring well on the premises at 1221 Rose <br /> Marie Lane, Stockton, California. <br /> IN WITNESS WHEREOF, this document has been executed as of <br /> the 4th day of May 1993 . <br />