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AOC Site#.4912
<br /> Acquisition#. 5445
<br /> LICENSE AGREEMENT
<br /> THIS LICENSE AGREEMENT (the "Agreement") is made as of August 24, 2018, by and between
<br /> NLA STOCKTON, LLC, an Alabama limited liability company ("Licensor") and PHILLIPS 66
<br /> COMPANY ("Licensee"); Licensor and Licensee shall sometimes hereinafter be referred to individually
<br /> as a"Party"and together as the"Parties."
<br /> RECITALS
<br /> A. Licensor is the legal and rightful owner of a certain parcel of real property located at 1130
<br /> East March Lane, Stockton, California, and further identified by the San Joaquin County Assessor as
<br /> Parcel No. 104-160-31 (the"Property"), and in the vicinity of the 76 Station Site#5445 located at 1206
<br /> East March Lane, Stockton, California;
<br /> B. Licensee, in cooperation with the California Regional Water Quality Control Board —
<br /> Central Valley Region ("CRWQCB"), now desires to enter the Property to continue its various
<br /> environmental investigation and/or remediation activities, including, but not limited to periodic
<br /> monitoring, sampling, and maintenance of two (2) previously installed groundwater monitoring wells
<br /> "MW-8 and MW-9,"as shown on the site plan labeled as Exhibit"A," attached hereto and incorporated
<br /> herein by reference, with eventual proper well abandonment in accordance with state and/or municipal
<br /> protocols(the"Work");
<br /> C. The Parties desire to enter into this Agreement so that the soil and/or groundwater can
<br /> continue to be assessed pursuant to environmental laws and regulations;
<br /> NOW THEREFORE, in consideration of the granting of the foregoing,the mutual premises, covenants,
<br /> conditions and agreements hereinafter set forth, and other good and valuable consideration, the receipt
<br /> and adequacy of which are acknowledged,the Parties hereby agree as follows:
<br /> 1. Grant of License-Licensor hereby grants to Licensee, and its employees, representatives and/or
<br /> contractors an irrevocable, non-exclusive license (the"License")to enter upon the Property from time to
<br /> time to conduct the activities described in Recitals Paragraph B and C above. Further, Licensor shall
<br /> cause any tenants or lessees of the Property, not a party hereto, to provide Licensee, including its
<br /> consultant(s), and/or contractor(s), same License. This License shall commence on August 24, 2018
<br /> (Effective Date),and shall end on August 24,2023, unless the Parties agree in writing to extend the term
<br /> of the License. If Licensee is required by a government agency to maintain a well or other equipment on
<br /> the Property beyond the term of this License, then the License shall, on notice of such requirement to
<br /> Licensor, be extended until thirty(30) days after such requirement ceases. Prior to the expiration of the
<br /> License, Licensee shall, at no cost or expense to Licensor, (a)cause any excavations to be returned to the
<br /> original gradient, (b) remove all equipment placed on the Property, (c) fill and level all ditches, ruts and
<br /> depressions, if any,caused by the closure of the Licensee's excavation operations on the Property and(d)
<br /> remove all debris resulting therefrom.
<br /> 2. Com fiance with Laws - Licensee shall conduct all operations which are the subject of this
<br /> License in compliance with all federal, state, and municipal statutes and ordinances, and with all
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