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RIGHT OF ENTRY AND INDEMNITY AGREEMENT <br />THIS RIGHT OF ENTRY AND INDEMNITY AGREEMENT (this “Agreement”) is made as <br />of this _____ day of January, 2022 (the “Effective Date”), between BREIT STOCKTON <br />INDUSTRIAL PARK LLC, a Delaware limited liability company ("Owner"), acting by and through <br />Owner’s management agent, LINK LOGISTICS REAL ESTATE MANAGEMENT LLC <br />(“Agent”), and ADVANCED GEO (“User”), as follows. <br />BACKGROUND <br />A.Owner owns certain property located at 1604/1488 Tillie Lewis Drive, Stockton, CA 95206 <br />(the “Property”). <br />B. User has requested to enter the Property to install a monitoring well(s) and to provide continued <br />monitoring of soils and ground water, which will be accomplished by performing up to three <br />(3) “step-out” borings at the locations identified on and as further described on Exhibit A <br />attached hereto and made a part hereof (the “Work”), and Owner is willing to allow such entry <br />by User, subject to the terms of this Agreement. <br />NOW, THEREFORE, in consideration of the foregoing, and other valuable consideration, the <br />receipt and sufficiency of which are hereby acknowledged, Owner agrees that User may enter onto <br />the Property to perform the Work in accordance with the following: <br />1.In connection with any entry by User, or its agents, employees or contractors onto the Property, <br />User shall give Owner reasonable advance notice of such entry and shall conduct such entry <br />and the Work in connection therewith so as to minimize, to the greatest extent possible, <br />interference with Owner’s operation of the Property and the business of Owner’s tenants and <br />otherwise in a manner reasonably acceptable to Owner. Without limiting the foregoing, prior <br />to any entry to perform the Work, User shall give Owner written notice thereof, including the <br />identity of the company or persons who will perform the Work and the proposed scope of the <br />Work. Owner shall approve or disapprove, in Owner’s sole discretion, the proposed Work <br />within three business days after receipt of such notice. If Owner fails to respond within such <br />three business day period, Owner shall be deemed to have disapproved the proposed Work. <br />2.User (and any of its contractors) shall perform the Work in accordance with Exhibit A and all <br />applicable legal requirements. User has obtained all necessary permits to perform the Work. <br />All fees and costs associated with the Work will be paid by User at User’s sole expense. <br />3.User (and any of its contractors or agents) shall maintain insurance coverage insuring against <br />claims, demands or actions for personal injuries or death resulting from entry onto the Property <br />or performance of the Work with limits as follows: Commercial General Liability of not less <br />than One Million Dollars ($1,000,000.00) any one occurrence, in an aggregate amount of Two <br />Million Dollars ($2,000,000.00); Automobile Liability of not less than One Million Dollars <br />($1,000,000.00) combined single limit; and for Umbrella Liability coverage in an amount of <br />not less than Five Million Dollars ($5,000,000.00) in aggregate. Prior to performance of the <br />Work, and thereafter upon Owner’s request, User (and any of its contractors or agents) shall <br />provide a certificate of insurance to Owner, naming Owner as an additional insured. User <br />agrees that it will ensure and be solely responsible for ensuring that its agents (including <br />contractors and subcontractors) maintain insurance coverage at levels no less than those <br />required by applicable law; provided that any such agents’ liability insurance policies shall be <br />   <br />    <br /> <br />8th March