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ATLANTIC RICHFIELD COMPANY(ARC),A BP AFFILIATED COMPANY <br /> by � see oS959� <br /> 0 6 <br /> ACCESS AGREEMENT BETWEEN <br /> Mr.Hung T.Nguyen and Atlantic Richfield Company(ARC),a BP Affiliated Company. <br /> THIS ACCESS AGREEMENT is made as of September 15, 2009 (this "Agreement'), by and between <br /> Mr. Hung T. Nguyen , hereinafter collectively referred to as "Grantor", and Atlantic Richfield Company <br /> (ARC),a BP Affiliated Company, hereinafter referred to as"Grantee". <br /> 1. RECITALS <br /> 1.1 Grantor owns certain real property located at 2517 E Fremont Street,Stockton,California <br /> (the"Property"). <br /> 1.2 Grantee desires to drill on a portion of the Property borehote(s) (the 'Boreholes") and <br /> groundwater monitoring well(s) (the" Wells") and to perform assessment and other related work on the <br /> Property as required by or in accordance with applicable environmental laws and regulations,or as required <br /> by or acceptable to those regulatory agencies exercising appropriate jurisdiction(collectively,the"Work'). <br /> 1.3 The parties desire to enter into this Agreement to allow Grantee to install said Boreholes <br /> and Wells on the Property and to provide access to the Property to Grantee or its representatives for the <br /> purpose of performing the Work authorized by this Agreement. <br /> 2. AGREEMENT <br /> In consideration of the above and the mutual covenants and agreements herein,the parties agree as follows: <br /> 2.1 Grantor hereby grants Grantee or its representatives permission to enter onto the Property <br /> for the purpose of performing the Work authorized by this Agreement. Grantor authorizes Grantee or its <br /> representatives to release any and all analytical geotechnical data and site assessment information obtained <br /> during the performance of the Work to appropriate government agencies. Copies of final assessment and <br /> remediation reports pertinent to the Property and provided to such agencies shall also be provided to <br /> Grantor. <br /> 2.2 Grantee shalt not permit any liens to stand against the Property for the Work done or <br /> materials furnished to Grantee, and Grantee shall indemnify, defend and save Grantor harmless from any <br /> such liens for the Work performed under this Agreement. <br /> 2.3 If the surface of the Property or any improvements thereon shall be disturbed by the <br /> Work,then,upon completion of Work, the surface or improvements shall be promptly restored by Grantee <br /> to its condition just prior to such disturbance. <br /> 2.4 Grantee shall, after the Boreholes or Wells are no longer useful to the investigation, <br /> backfill or close out such Boreholes or Wells according to applicable standards. <br />