SITE INFORMATION AND CORRESPONDENCE_CASE 1

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Mr. Dick Mathews CONOCO PHILLIPS March 10, 2005 Page Four Mr. Mathews,,we have not been contacted by Mr. Phan and, as we discussed, Landlord will not agree, most specifically, to item no. 2 in your letter of February 9th entitled "Offer to Assign Underlying Lease" that was sent to Mr. Phan. A copy is enclosed for your reference only. Further, we ask your attention to the Lease dated May 30, 1991, including but not limited to, and particularly concerning the current matter, Section 18, r Surrender and HoldoVer;'Section 34, with-Laws-and Regulations I (noting in particular subsection 34.4 Indemnity); Section 37. Indemnification, Waiver of Claims and Subrogation. You indicated recently that a letter from COP will be sent advising Mr. Phan that he should contact us immediately if he desires Landlord's review and consideration of him as a.tenant at-this location. Apart from him doing so immediately, and providing us the required information to evaluate this possibility, we cannot present to Landlord anything beyond what has thus far been given to us and Landlord for review. In.your letter to Lessor dated February 9, 1005, you indicate that if COP does not receive a response on or before March 31,2005, COP "shall consider your silence as an acceptance to the assignment". Please recognize'by this letter that absolutely no such consent to the assignment or a release of Conoco/Philips (COP), its predecessors, successors, subsidiaries and assigns is I given or is it to be implied,., 1 We sincerely appreciate your efforts to facilitate the processes whereby Mr. Phan will communicate with us regarding his interests in remaining at the I _�'�'�4.r. w 1 .�.��n� .mak _ _ . location and providing us the information we will request of tiim'to present to Landlord for consideration. Similarly, please advise us when the vertical and lateral testing has been arranged and the outcome of the inspection of the City of Tracy "ball park well". l