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11/7/07 6:59 RMJ���[ <br /> Garry W? Freemanee $28'00 <br /> San Joaquin CountRecorders <br /> e <br /> When Recorded, return to: Paid i iCOfMMONWEXLTH TITLE Co <br /> ConocoPhillips Company Illi??Illllll�ll�?l;?llf��?111111?l!!I??l??llll?!1!1(111111111ff?I??1111? <br /> P.O. Box 25376 <br /> Santa Ana, CA 92799-5376 <br /> Attn: Real Estate Dept. <br /> ACCESS AGREEMENT <br /> Site No. 2705445 <br /> THIS AGREEMENT is entered into by and between Petros Rai Stations, LLC, a California <br /> Limited Liability Company ("Grantor"), and KAYO OIL COMPANY, a Delaware <br /> corporation ("Grantee"), shall be effective on the date that this Agreement shall have been <br /> executed by all of the parties hereto. <br /> RECITALS: <br /> WHEREAS, Grantor is the fee simple owner of that certain real property (the "Property") <br /> which is the subject of that certain Real Estate Sales Contract (the "Contract") between <br /> Grantee, as Seller, and Grantor, as Buyer, as legally described on the attached Exhibit A; <br /> and <br /> WHEREAS, Grantee is seeking Grantor's consent to enter the Property for the purpose of <br /> testing, assessing and remediating Covered Contamination existing as of the sale date of <br /> the Property to Grantor, all as required by the Contract; and <br /> WHEREAS, Grantor and Grantee desire to set forth their respective rights, responsibilities <br /> and obligations regarding the Grantee's entry to, assessment, and remediation of the <br /> Property. <br /> NOW, THEREFORE, for and in consideration of the premises and the mutual covenants <br /> and agreements herein, Grantor and Grantee agree as follows: <br /> 1. The above Recitals are hereby incorporated by reference. <br /> 2. Capitalized terms shall have the meaning set forth either herein or in the Contract. <br /> 3. Grantor hereby grants to Grantee the right to enter the Property (the "Right") from <br /> time to time for the purpose of performing necessary tests, assessment and remediation of <br /> Covered Contamination (the "Work"), pursuant to the following conditions: <br /> A. The Right granted herein shall be exercised by Grantee and/or Grantee's <br /> agents, employees and representatives. <br /> 0507 <br /> SAN JOAQUIN (SJ), CA Document:AGR 2007.190542 Page:1 of 8 <br /> n..:„r. A _4 n/4 4 IOnnn 4 4 nc.nn n nn <br />