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f <br /> BP MTEST COAST PRODUCTS LLC <br /> by <br /> ACCESS AGREEMENT BETWEEN C <br /> Roek Brothers H,P.T.P. AND BP West Coast Products LLC <br /> I <br /> THIS ACCESS AGREEMENT is made as of October 1, 2002::(this "Agreement"),by and between Roek <br /> Brothers H, P.T.P., hereinafter collectively referred to as"Grantor", and BP West Coast Products LLC; a 1 <br /> Delaware Limited Liability Company,hereinafter referred to as"Grantee". <br /> 1. RECITALS <br /> LI Grantor owns certain real property located at 1538 East. Market Street, Stockton, <br /> California,the '.'Property"). <br /> 1.2 Grantee desires to drill on a.portion of the Property borehole(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 en'vironmental laws and regulations,or as required <br /> by or acceptable to those regulatory agencies exercising appropriate jurisdiction(collectively,the"Work"). I <br /> i <br /> 1.3 �he 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. AGRFFNffiNT <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 providcd:to <br /> Grantor. <br /> 2.2 Grantee shall 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, j <br /> backfill or close out such Boreholes or Wells according to'applicable standards. <br /> 2.5 Grantee shall indemnify, defend, and save Grantor harmless from all liability, damage, <br /> expense, causes of action, suits, claims or judgments, including reasonable attorneys fees,.resulting from <br /> . r <br /> } <br /> e a <br /> t <br /> q <br />