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PROF 92133I6 T, <br /> Form Approved,AVP-Law T T <br /> A V <br /> Folder No. 02555-45 <br /> RIGHT OF ENTRY AGREEMENT <br /> THIS AGREEMENT is made and entered into as of April 21, 2009, by and between <br /> UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (heren3after the "Railroad"),and <br /> TEXACO DOWNSTREAM PROPERTIES INC, a Delaware corporation, to be addressed at 6001 <br /> Bollinger Canyon Road, , ,San Ramon, CA 94583 (hereinafter the"Licensee"). <br /> IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: <br /> Article 1. DEFINITION OF LICENSEE. <br /> For purposes of this Agreement, all references in this Agreement to the Licensee shall <br /> include the Licensee's contractors,subcontractors,officers,agents and employees,and others acting under <br /> its or their authority. <br /> Article 2. RIGHT GRANTED; PURPOSE. <br /> The Railroad hereby grants to the Licensee the right, during the term hereinafter stated <br /> and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter <br /> upon and have ingress to and egress from the portion of Railroad's property in the vicinity of Mile Post <br /> 81.75, Tracy Subdivision, at or near Tracy, California, for the purpose of conducting 46 soil samples, 5 <br /> soil gas survey points and 26 bored soil samples. The right herein granted to Licensee is limited to those <br /> portions of the Railroad's property specifically described herein in the location shown on the print marked <br /> Exhibit A, attached hereto and hereby made a part hereof, or designated by the Railroad Representative <br /> named in Article IV, <br /> Article 3. TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND C. <br /> The terms and conditions contained in Exhibits B and C,hereto attached,are hereby <br /> made a part of this Agreement. <br /> Article 4. ALL EXPENSES TO BE BORNE BY LICENSEE., <br /> RAILROAD REPRESENTATIVE. <br /> The Licensee shall bear any and all costs and expenses associated with any work <br /> performed by the Licensee,or any costs or expenses incurred by the Railroad relating to this Agreement. <br /> All work performed by Licensee on Railroad's property shall be performed in a manner satisfactory to the <br /> representative local Manager of Track Maintenance of the Railroad or his authorized representative <br /> (hcreinaf4er the Railroad Representative): <br /> Dennis Magures-MTM Marvin Hoagland-MSM <br /> Union Pacific Railroad Company Union Pacific Railroad Company <br /> 833 East 8's Street mlhoagla@up.com <br /> Stockton,CA 95206 209.546.7207,Cell 209.969.1186 <br /> 209.546.7333,dwmagure@up.com <br /> E.�t►ibit B <br />