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DACW05-8-22-0039 DEPARTMENT OF THE ARMY RIGHT -OF -ENTRY FOR SURVEY AND EXPLORATION Lower San Joaquin River Project APN: 175-060-010 The undersigned, hereinafter called the "Owner," hereby grants to the UNITED STATES OF AMERICA, hereinafter called the "Government," a right -of -entry upon the following terms and conditions: 1. The Owner hereby grants to the Government an irrevocable right to enter upon the lands hereinafter described at any time within a period of twelve (12) months from the date of this instrument, in order to survey, make test borings, perform sediment sampling and carry out such other exploratory work as may be necessary to complete the investigation as described in Exhibit "B" being made of said lands by the Government. 2. This right -of -entry includes the right of ingress and egress on other lands of the Owner not described below, provided such ingress and egress is necessary and not otherwise conveniently available to the Government. 3. All tools, equipment, and other property taken upon or placed upon the land by the Government shall remain the property of the Government and may be removed by the Government at any time within a reasonable period after the expiration of this right - of -entry. 4. If any action of the Government's employees or agents in the exercise of this right -of -entry, results in damage to the real property, the Government will, at its option, either repair such damage or make an appropriate settlement with the owner. In no event shall such repair or settlement exceed the fair market value of the fee interest of the real property at the time immediately preceding such damage. The Government's liability under this clause may not exceed appropriations available for such payment and nothing contained in this agreement may be considered as implying that Congress will at a later date appropriate funds sufficient to meet deficiencies. The provisions of this clause are without prejudice to any rights the Owner may have to make a claim under applicable laws for any other damages than provided herein. 5. The land affected by this permit or right -of -entry is located in the State of California, County of San Joaquin, and is described as follows: Assessor Parcel Number 175-060-010.