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Mr. Larry Gooden <br /> September 7, 1990 <br /> Page 2 of 2 <br /> the Port does not intend to declare such default within one year <br /> from the inception of the Lease so long as you are diligently <br /> pursuing your efforts to have the premises certified clean by an <br /> environmental engineer acceptable to your insurance carrier. <br /> Should the Port decide, in its sole and arbitrary discretion, <br /> that you are not pursuing certification of the premises as clean <br /> to obtain the required insurance with all diligence and good <br /> faith, the Port may declare you in default under the Lease at any <br /> time notwithstanding anything to the contrary contained in this <br /> letter. <br /> In order to favorably present the Lease for approval to the <br /> Board of Port Commissioners without evidence of your having <br /> procured the gradual pollution insurance coverage as required by <br /> Paragraph 9. 5 (f) thereof, please countersign this letter in the <br /> space provided below indicating your promise and intentions to <br /> take all necessary steps to obtain such gradual pollution <br /> insurance coverage as soon as possible after the Lease takes <br /> effect. <br /> Sincerely, <br /> Alexander Kry an "U <br /> Port Director <br /> AK:TMP/oeb:yri <br /> cc: Bruce H. Jackson, Esq. <br /> Tyrrell M. Prosser, Esq. <br /> The undersigned, on behalf of The Kiesel Company, promises <br /> and intends to take all necessary steps to obtain gradual <br /> pollution insurance as set forth in Paragraph 9. 5 (f) of the Lease <br /> between the Stockton Port District and The Kiesel Company as soon <br /> as possible, but no later than one year from the inception of the <br /> Lease. <br /> The Kiesel Company <br /> By: <br /> Larry Gooden <br /> Its: <br /> Dated: <br />