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(a) Environmental Condition of the Property. The Property is or may be contaminated with ammonia and nitrates ("Existing Contamination") as defined in the feasibility study prepared by Ch2MHill dated February, 2000, and Remedial Action Plan dated February, 2000 (the "Remediation Plan"). (b) Responsible Parties . As of the date of this Agreement, the California Regional Water Quality Control Board—Central Valley Region("Regional Board") has named Munco, Inc., Chevron Chemical Company, Koppel Stockton Terminal, Inc., and Cargill Incorporated as responsible parties for the Existing Contamination on the Property(collectively referred to as "Responsible Parties"), 2. Rights Granted. ISG grants to Munzer and the Responsible Parties, an easement over all of the Property for the purposes of remediating the Existing Contamination on the Property subject to termination in Paragraph 10 below. These rights are limited to: (a) the right to locate trees or other remediation equipment on the Property; (b) the right to enter the Property to irrigate, add soil amendments, care for,remove, replace and maintain the trees or any other remedial equipment; (c) the right to install, sample, monitor and maintain groundwater monitoring wells and piezometers; (d) the right to implement any other environmental remediation technique acceptable to the Regional Board or any other governmental regulatory agency with jurisdiction over the Property; and (e) the right to enforce the rights retained in this Easement Agreement, including preventing or stopping, by any legal means, any activity or use of the Property that is inconsistent with this Easement Agreement, including but not limited to the right to stop damage or destruction to the trees, the irrigation equipment, or the groundwater monitoring wells or any other equipment. 3. Location of Easement. The easement granted in this Easement Agreement applies to all of the Property where trees are currently planted or will be planted but does not include access to or entry into the building. The areas where trees are currently planted are depicted on the map attached hereto as exhibit B. 4. Conditions on Entry. Munzer, the Responsible Parties, their authorized representatives, contractors, subcontractors, or designees will conduct their activities on the Property in a manner that will minimize the inconvenience or disturbance to ISG. However, ISG and Munzer understand and agree that it is in their best interest that the Existing Contamination be cleaned up in an economically beneficial and expeditious manner and that ISG's, or its tenants', activities on the Property may, from time to time, be interrupted or inconvenienced. Neither Munzer nor the Responsible Parties will be responsible to compensate ISG or any tenant on the Property for any disruption of business or for any damages caused by the exercise of the rights reserved in this Easement Agreement, except for such damages caused solely by the negligence or intentional acts of Munzer, the Responsible Parties, their authorized representatives, contractors, subcontractors or designees. Munzer or the Responsible Parties will give ISG 24 hours notice of their intent to enter 2 1056879.1